Firuz Khan 10 October 2015

NDPS ACT

The Intelligence officer of the NCB received the information that narcotic drug is kept in the house of the accused. He informed the superintendent, NCB about the matter. The Superintendent formed a team comprising of 10 members which include the superintendent also. Is there a need to inform other senior official since the superintendent himself joined the search??

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4 Replies

Firuz Khan 10 October 2015

Please help me in light of Sec 42 NDPS act

Laxmi Kant Joshi (Advocate ) 10 October 2015

A superintendant is himself a senior officer so he himself can register the case .

SAINATH DEVALLA (LEGAL CONSULTANT) 11 October 2015

The IO is right in obtaining permission from the SP,as the SP is the competent authority to form a team for a raid.

As per section 42 NDPS ACT,searches can be made under certain cirumstances without a warrant(from a magistrate) or an authorisation(from a senior officer).In case of such searches,the officer has to sennd a copy of the information taken in writing or the grounds of his belief to his immediate superior within 72 hrs.

Firuz Khan 12 October 2015

Dear Sainath sir thank you so much. One more question to you sir is that the SP himself went to search. Contrabands were seized and kept in godown and the SP himself received the contrabands in the godown as he is the incharge of godown. Is all these pernissible sir as per law? One person going for seizure and same person godown incharge. Is there any supreme court or high court ruling in this regard?