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M. Prabhulal vs Assistant Director, Directorate Of ... on 19 September, 2003 cites

Beckodan Abdul Rahiman vs State Of Kerala on 16 April, 2002

and detain and search a person in any public place or in transit on existence of ingredient stated in Section 43. It can, thus, be seen that Sections 42 and 43 do not require an officer to be a Gazetted Officer whereas Section 41(2) requires an officer to be so. A Gazetted Officer has been differently dealt with and more trust has been reposed on him can also be seen from Section 50 of he NDPS Act which gives a right to a person about to be searched to ask for being searched in presence of a Gazetted Officer. The High Court is, thus, right in coming to the conclusion that since the Gazetted Officer himself conducted the search, arrested the accused and seized the contraband, he was acting under Section 41 and, therefore, it was not necessary to comply with Section 42. The decisions in State of Punjab v. Balbir Singh, [1994] 3 SCC 299, Abdul Rashid Ibrahim Mansuri v. State of Gujarat, [2000] 2 SCC 513 and Beckodan Abdul Rahiman v. State of Kerala, [2002] 4 SCC 229, on the aspects under consideration are neither relevant nor applicable.
Supreme Court of India Cites 17 - Cited by 109 - Full Document
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