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Vijaysinh Chandubha Jadeja vs State Of Gujarat on 29 October, 2010

9. Likewise, if the Police Officer has information regarding illegal transportation of any contraband and he is required to take immediate steps then it is incumbent upon him to write down the information in writing, send a copy of the same to the superior officer forthwith and mention all these things in daily rojnaamcha diary. It is an admitted position that the information was not relayed to the superior officers and the other requisites were also (Downloaded on 24/04/2023 at 10:00:20 PM) [2023/RJJD/011538] (5 of 8) [SOSA-83/2020] not fullfilled. It is trite law that the provision of Section 42 of the NDPS Act is required to be applied mandatorily as propounded in the case of Vijaysinh Chandubha Jadeja (supra). The NDPS Act is called a draconian law because of its stringent provision of punishment and that is why the mandatory provisions are required to be complied with stricto sensu, failure of which vitiates the recovery.
Supreme Court of India Cites 26 - Cited by 555 - D K Jain - Full Document
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