Section 42 in The Narcotic Drugs And Psychotropic Substances Act, 1985 [Entire Act]
Section 42 in The Narcotic Drugs And Psychotropic Substances Act, 1985
42. Power of entry, search, seizure and arrest without warrant or authorisation
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1 - 10 of 9855 (4.60 seconds)Surajmal Kanaiyalal Soni vs The State Of Gujarat on 22 January, 1990
departments mentioned in Section 42 may --
(a) seize, in any public place or in transit, any narcotic drug or psychotropic substance in respect of which ... Department mentioned in Section 42 . The Police Department is specifically mentioned in Section 42 and as stated above, even Under Section 42 the Police Inspector
Santini Simone vs Deptt Of Customs on 5 October, 2020
provisions of Section 43
of the NDPS Act which would be applicable. Further,
as Section 42 of the NDPS ... material difference between the
provisions of Section 43 and Section 42 is that
whereas Section 42 requires recording of reasons for
belief and for taking
Labh Singh vs Union Of India (Uoi) on 30 May, 2001
NDPS Act are not attracted and the provisions of Section 43 of the NDPS Act would apply ... NDPS Act arises and the provisions of Section 43 of the NDPS Act would apply
Pankaj vs State Of Punjab on 14 June, 2022
same is reproduced below:-
" Section 42 in The Narcotic Drugs and Psychotropic
Substances Act, 1985
1[42. Power of entry, search, seizure and arrest ... Section
42 of the Narcotic Drugs and Psychotropic Substances Act, 1985
(hereinafter referred to as " NDPS Act ") is mandatory
State (Nct Of Delhi) vs Virender Singh on 16 January, 2018
under Section 20 (b)(ii)(C) of Narcotics Drugs and Psychotropic
Substances Act, 1985 (in short ' NDPS Act ... mentioned in section 42 may--
(a) seize in any public place or in transit, any narcotic
drug or psychotropic substance or controlled
substance in respect
Mushtaq Shah vs State Of Rajasthan on 5 September, 2000
NDPS Act would not apply and the provisions of Section 43 of the NDPS Act would apply ... arrest without warrant or authorization. Under proviso to Sub-section (1) Section 42 of the NDPS Act if such officer
Varinder Singh @ Bagga Singh vs The State Of Punjab on 20 May, 2022
offence punishable under Section 18 of the
Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter
called the "Act"). A wireless message was also ... clear violation of section 42 of the Act. Whether there is
adequate or substantial compliance with section 42 or not is a
question of fact
Sarvothaman Guhan @Sarvo vs Narcotics Control Bureau on 13 September, 2023
under
this Act or that any narcotic drug or psychotropic substance or
controlled substance in respect of which any offence under this Act
has been ... section (2) shall have all the powers of an
officer acting under section 42 .]
28. Section 42 of the NDPS Act
Vinay Kumar Mishra vs Union Of India Thru. Its Zonal Director, ... on 24 July, 2020
with. It has also been urged that Sub Section 2 of Section 42 of the NDPS Act has also not been ... reading of the aforesaid Section, it would indicate that Sub section (1) of Section 42 of the NDPS Act requires