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In Karnail Singh v. State of Haryana, reported in (2009)8 SCC 539, the Constitution Bench held that non- compliance of Section 42 would not be allowed.

Now coming to the facts of the case, it is evident that the evidence of P.W.7, the informant happens to be of prime importance and on account thereof, the same is taken up on priority basis. During his examination-in-chief, he has stated that in the evening of 29.4.2014 while he alongwith ASI Raj Kumar and Homeguard Constable Babu Lal Singh, Dharmdeo Singh, Bishwanath Singh, Sheonath Ram and Navratan Ram was on patrolling, received information from the S.P. to the effect that in a room by the side of the pumping set room of Dilip Yadav of village Dullahpur Niyajipur, Ganja has been stacked whereupon he contacted with the S.D.M., Dumraon and requested to depute an Executive Magistrate for the purpose of conducting raid, recovery, seizure. As directed, he met with Deepak Kumar Srivastava, an Executive Magistrate at Ashaparari Chowk and then, all of them came to Dullahpur village where took local Chowkidar Ram Surat Yadav and then they have gone to the exact place lying by the side of the pumping set room of Dilip Yadav, which happens to be at a Patna High Court CR. APP (SJ) No.255 of 2016 dt.06-09-2019 distance of 500 meter West to Dullahpur popularly known as Chakraki Dareh Sareh. They have found the iron door locked. There was Varandah where one person was sitting over a cot. Seeing the police, he unsuccessfully attempted to flee but was apprehended and then, interrogated. He disclosed his identity as Paras Yadav, father of Dilip Yadav. He was in possession of a key. The persons who were sleeping over a tractor parked nearby, woken upon and then, in their presence (Ram Bali Gond and Anugrahi Yadav) firstly tendered information before Paras Yadav in accordance with Section 50 of the N.D.P.S.Act, followed with search of a room in presence of a Magistrate and found three plastic bags concealed beneath the straw which was taken out. After opening of the respective bags, there was packets inside duly wrapped with golden coloured plastic sheet. Smell of Ganja was coming out. They have asked for relevant document with regard to possession of the Ganja but Paras Yadav failed. Then, electronic weighing tool was managed by the Chowkidar and then respective bags were weighted being 16.375 Kgs., 16.166 Kgs. And 16.117. Then thereafter, from all the three bags Ganja was taken out in certain quantity seized. Then two samples each of 25 grams and one sample of 15 grams was prepared which was marked as A1, A2 and A3. All the bags were marked as A. Then all the samples, Patna High Court CR. APP (SJ) No.255 of 2016 dt.06-09-2019 bags were sealed having signature of the accused, Executive Magistrate, witnesses and he himself. During course of interrogation Paras Yadav also disclosed that his son Dilip Yadav is actively involved alongwith one Bharat Singh. He has further stated that certain bags were already sold while remaining has been seized by them. Then, thereafter he was apprehended. All of them returned to the police station. Exhibited the seizure list, notice purported to be under section 50 of the N.D.P.S. Act, specimen seal, M.R.No. 6/14 relating to A3, M.R.No. 6/14 relating to A2. Also produced the material exhibit as, disclosed by him which happens to be jute bag in sealed condition containing his signature as well as signature of the witness Anugrahit Yadav as well as accused Paras Yadav. Further more, the aforesaid exhibit also contained initial of the Special Judge. M.O.No.5 is also in sealed condition and in likewise manner, he has exhibited the same. Then has disclosed that three bags over which, there happens to be no seal, there happens to be Ganja having plastic cover whereupon there happens to be signature of the Executive Magistrate, respective witnesses, accused and has been material exhibit. Identified the accused.

During the cross-examination at para-16 he has stated that he had not mentioned the fact in his self statement where he Patna High Court CR. APP (SJ) No.255 of 2016 dt.06-09-2019 was at the time of receipt of information. In para 17 he has further admitted that he had not mentioned the fact in his self statement that the Executive Magistrate was one of the member of the raiding party. In para 22 he has further admitted that he had not mentioned the fact that the key was returned back to Paras Yadav. He had not mentioned the aforesaid thing in the arrest memo. In para 23 he has further stated that he had not taken statement of anybody who could have identified the room belonging to Dilip Yadav or Paras Yadav. In para 24 he has admitted that there happens to be no seal over all the three plastic bags. He has further admitted that the bags are torn whereupon, the articles could be thrust inside early. In para 25 he has admitted that he is unable to say why A2 was not sent to FSL Kolkata.

P.W.8 is the first I.O. who during his examination-in- chief has disclosed that he was entrusted with the investigation on 30.4.2014 of the registration of case. During course of investigation, he had copied the self statement of S.I. Daljit Jha, seizure list, confessional statement of the accused, arrest memo after receiving the same. He has further stated that he had recorded further statement of the informant, statement of the witnesses. He had transmitted the accused to judicial custody. In para 4 he has inspected the P.O. lying South to village Miyajipur which happens Patna High Court CR. APP (SJ) No.255 of 2016 dt.06-09-2019 to be the room adjacent to boring lying in the field of Paras Yadav wherefrom it has been said that Ganja was recovered, identified the boundary of the P.O. as North field of Paras Yadav, South field of Paras Yadav, East field of Dashrath Rajak and West field of Sanjay Pathak. He has also examined Angrahit Yadav, Ram Balo Gond and Arbind Kumar Yadav who substantiated with regard to recovery of Ganja from that place. Received supervision note and then, as has been transferred handed over the charge on 8.6.2014. During cross-examination at para 8 he has stated that he had not mentioned what items were received by him. He had not mentioned with regard to lock and key. He had seen the place of occurrence as pointed out by the informant, He had not seen the Darwaza affixed at the place of occurrence neither of the wooden nor of iron. There was no pumping set. He himself had visited the place of occurrence. He had not sent the seized articles to F.S.L. P.W.6 is the another I.O. who received the charge from P.W.9. He, during the examination-in-chief, has stated that after entrusted with the investigation, he perused documents with regard to Narcotics so seized, and then filed an application before the court below whereupon procured an order from the court, transmitted the same to F.S.L., Patna. He has submitted charge sheet against the accused Paras Yadav, keeping the investigation Patna High Court CR. APP (SJ) No.255 of 2016 dt.06-09-2019 pending against the remaining against whom he submitted charge sheet later on. There happens to be no cross examination relevant to the appellant's part.

P.W.1, P.W.3, P.W.4 have corroborated the same by way of claiming themselves to be member of the raiding party and during that course, gone to the place of occurrence and there has been recovery followed with apprehension of an accused, but during cross-examination, they did not become sceptical.

P.W.2 is the Executive Magistrate who during course of his examination-in-chief has admitted his presence over the relevant documents. Then he has stated that while he was at Simri block, he received information on his mobile by the S.D.O. Dumraon to come at Dumraon Police Station where some illegal articles have been seized and then, explained Ganja. When he reached at Padari More, a Police Officer alongwith police party met and then, he was taken to the place having a boring wherefrom the articles having in three bags were seized and then taken over the jeep. They all returned back to the police station. Sample was taken out, relevant papers were prepared whereupon he had also put his signature. He had also put his signature over the seal affixed over the bag and then, thereafter, he returned back to his residence. He was unable to disclose whether any arrest was made Patna High Court CR. APP (SJ) No.255 of 2016 dt.06-09-2019 or not. During cross-examination at para 6 he has stated that he had gone to the place of occurrence alongwith the raiding party. They have disclosed that the Ganja is kept at a boring. He is unable to disclose the details of place of occurrence. In para 7 he has stated that no notice was given by Daljit Jha to Paras Yadav in his presence. He is unable to say whether boring happens to be in village Niyajipur or Dullahpur. He is unable to disclose the distance from Niyajipur, Dullahpur to the place wherefrom recovery of Ganja was. In para 8 he has stated that he has put his signature at the police station The seizure list witness P.W.5 and P.W.10, shown their character as usual whereunder they have not substantiated the case of the prosecution. P.W.9 is the person who had brought the Malkhana register and exhibited the same having entry of deposit of the alleged seized articles having endorsement of P.S. case number as well as at the instance of the S.I. Daljit Jha. During cross-examination at para 3 he has stated that there happens to be no certification over the said register. There happens to be no disclosure that it happens to be Malkhana register belonging to Simri Police Station. He has also stated that there happens to be overwriting at the relevant entry. At para 4 he has stated that there happens to be no signature of any police officials. Patna High Court CR. APP (SJ) No.255 of 2016 dt.06-09-2019 Irrespective of the fact that the FSL report happens to be admissible in accordance with Section 293 of the Cr.P.C., in spite of the same the Senior Scientific Officer has been examined as P.W.11. However, he was not cross-examined with regard to delay caused during the course of examination.