AIR 2016 SC 3041 ::2016 CRI. L. J. 3336 ::AIR 2016 SC( Cri) 1075 ::(2016) 3 CriLR(Raj) 649 ::(2016) 3 BomCR(Cri) 402 ::(2016) 3 DLT(CRL) 183 ::(2016) 3 CurCriR 88 ::(2016) 3 AllCriR 2869 ::2016 CriLR(SC&MP) 649 ::(2016) 64 OCR 827 ::2016 (11) SCC 687 ::2017 (1) SCC (Cri) 348 ::(2016) 4 Mad LJ(Cri) 214 ::(2016) 3 RecCriR 539 ::(2016) 6 Scale 32 ::2016 CriLR(SC MAH GUJ) 649 ::(2016) 2 ALD(CRL) 376 ::(2016) 3 AllCriLR 324 ::(2016) 3 JLJR 176 ::2016 (4) KCCR SN 390.2 (SC) ::(2016) 3 Pat LJR 285 ::(2016) 2 UC 1332 ::(2016) 3 Crimes 328 ::(2016) 96 AllCriC 539 ::(2016) 165 AllIndCas 170 (SC)

Supreme Court Of India

(From : Rajasthan)

Hon'ble Judge(s): Abhay Manohar Sapre, Ashok Bhushan , JJ

(A) Narcotic Drugs and Psychotropic Substances Act (61 of 1985) , S.42(1)— Search and seizure - Information taken down by officer in writing under S. 42(1) - Copy of information sent to his immediate superior - Was not as per information recorded by officer but is separate memo prepared of their own - There was breach of S. 42(2) - Acquittal, proper. (Para 13) (B) Narcotic Drugs and Psychotropic Substances Act (61 of 1985) , S.42(2) Proviso— Search without warrant - Recording of reasons of belief - Search took place after sunset - No ground of belief recorded by officer carrying out search - Violation of S. 42(2), Proviso - Acquittal, proper. (Para 14) (C) Narcotic Drugs and Psychotropic Substances Act (61 of 1985) , S.43 Expln.42(1), S.43 Proviso— Seizure and arrest in public place - Warrant, if necessary - Expression 'Public Place' includes public conveyance - Jeep searched being used @page-CriLJ3337to transport passengers - No material to indicate that there was any permit for running jeep as public transport vehicle - Owner stated to have given vehicle to his relative to use it for transporting passengers - Jeep intercepted and seized by police - Jeep cannot be ....