In Brief
Three men were convicted under the Narcotic Drugs and Psychotropic Substances Act, 1985 for possession of 75 kg of poppy straw recovered from a private jeep during a police raid. The courts below held that Section 43 (search in public places) applied because the vehicle was on a public road. The Supreme Court reversed the convictions, holding that Section 42 (which requires written recording of information and reporting to a superior officer before search) applied because the vehicle was private, not a public transport vehicle. Since there was total non-compliance with Section 42's procedural requirements and no genuine emergency justifying the omission, the appellants were acquitted."
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