No Compliance of Section 42(2) Of NDPS Act – Rajasthan High Court Suspend Sentence

The High Court of Judicature for Rajasthan at Jodhpur, in a notable judgment ([2023:RJ-JD:40022]), underscored the necessity of strict adherence to the procedural mandates of the Narcotic Drugs and Psychotropic Substances (NDPS) Act. The observation was made in the context of a suspension of sentence appeal by Asad Ahmed, who was earlier convicted under Sections 8/15(c) of the NDPS Act.

Hon’ble Mr. Justice Farjand Ali, in his ruling dated November 21, 2023, emphasized the importance of legal compliance, stating, “It is an admitted position that no compliance of Section 42(2) of NDPS Act was made in this present case.” This significant statement highlighted the court’s focus on the procedural aspects of the NDPS Act in determining the legality of the narcotics seizure and arrest.

The judgment critically examined the role and authority of the seizing officer, noting the lack of proper empowerment under Section 42 of the NDPS Act. The court pointed out the procedural irregularities in the seizure operation, particularly the failure to comply with mandatory provisions like informing a superior officer before proceeding with search and seizure, as mandated under Section 42(2).

Acknowledging these procedural lapses, the court decided to suspend the sentence of the petitioner, who had been sentenced to ten years of rigorous imprisonment. The suspension of the sentence was based on the potential reevaluation of the issues raised by the appellant, which might lead to an acquittal. Additionally, the court considered the duration already served by the appellant and the long pendency of the appeal.

While suspending the sentence, the court also set forth several bail conditions, including the execution of a personal bond and sureties. It also mandated regular appearances of the accused before the trial court and outlined the trial court’s duty in ensuring compliance with these conditions.

Date: 21/11/2023

ASAD AHMED VS STATE OF RAJASTHAN