Contraband--Recovery was effected on basis of information received by Police Officer in course of investigation of other offence--Provisions of Section 42 of N.D.P.S. Act will not apply

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Narcotics—Recovery of bulk of manufactured drugs without any valid authorization—Accused to be tried under NDPS Act and not under Drugs and Cosmetics Act merely because recovered substance was “manufactured drugs”

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A proper administration of the criminal justice delivery system, therefore requires balancing the rights of the accused and the prosecution, so that the law laid down in Mohan Lal AIR 2018 SC 3853. is not allowed to become a spring board for acquittal in prosecutions prior to the same, irrespective of all other considerations. We therefore hold that all pending criminal prosecutions, trials and appeals prior to the law laid down in Mohan Lal AIR 2018 SC 3853. shall continue to be governed by the individual facts of the case

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Narcotic Drugs and Psychotropic Substances Act, 1985, S.42--Secret Infor­ mation-Law summed up-An empowered officer under Section 42(1) is obli­ gated to reduce to writing the information received by him, only when an of­ fence punishable under the Act has been committed in any building, convey­ ance or an enclosed place, or when a document or an article is concealed in a building, conveyance or an enclosed place. Compliance with Section 42, in­ cluding recording of information received by the empowered officer, is not mandatory

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