Section 42 in The Narcotic Drugs And Psychotropic Substances Act, 1985
42. Power of entry, search, seizure and arrest without warrant or authorisation
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
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
Section 42 in certain respects. The empowered officer while acting under Section 43 * need not record any reasons of his belief. This Section also ... NDPS Act arises and the provisions of Section 43 of the NDPS Act
same is reproduced below:-
" Section 42 in The Narcotic Drugs and Psychotropic
Substances Act, 1985
1[42. Power of entry, search, seizure ... Section
42 of the Narcotic Drugs and Psychotropic Substances Act, 1985
(hereinafter referred to as " NDPS Act
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
NDPS Act would apply.
10. The provisions of Section 42 of the NDPS Act ... arrest without warrant or authorization. Under proviso to Sub-section (1) Section 42 of the NDPS Act if such
offence punishable under Section 18 of the
Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter
called the "Act"). A wireless message ... show the compliance of Section 42 . That cannot be considered
to be the compliance of Section 42 of NDPS Act
this Act or that any narcotic drug or psychotropic substance or
controlled substance in respect of which any offence under this Act ... section (2) shall have all the powers of an
officer acting under section 42 .]
28. Section 42 of the NDPS
with. It has also been urged that Sub Section 2 of Section 42 of the NDPS Act has also ... reading of the aforesaid Section, it would indicate that Sub section (1) of Section 42 of the NDPS Act