STATE OF MAHARASHTRA Vs. KRISHNAPRASAD RAMPRASAD GURUM

JUDGEMENT

(1.) HEARD Mrs.A.S.Pai, the learned A.P.P. for the State.

(2.) THROUGH this appeal the appellant-State of Maharashtra has challenged the judgment and order dated 15th July, 1988 passed by the learned Sessions Judge of Raigad, at Alibag in Sessions Case No.60 of 1988. By the said judgment and order, the learned Sessions Judge acquitted the respondents i.e. original accused nos.1 to 5 under Section 20(b) of the N.D.P.S.Act,1985.

(3.) SECTION 42 of the N.D.P.S.Act, provides that when any information is received by an officer, it has to be taken down in writing. In the present case, it is an admitted fact that when the information was received by the complainant A.C.P. Atmaram Jadhav (P.W.1), it was not reduced into writing. The Supreme Court in the case of State of Punjab Vs. Baldev Singh reported in 1994 S.C. 1872, has held that section 42 of the N.D.P.S.Act, 1985 is mandatory in nature and contravention of the same would affect the prosecution case and vitiate the trial. In the present case, it is an admitted fact that section 42 was not complied with. Besides non-compliance of Section 42, other reasons have been given by the learned Sessions Judge for acquitting the respondents. However, we do not think it necessary to go into that aspect as non compliance of Section 42 is sufficient ground to acquit the accused persons.