Section 42 NDPS Act: Power of entry, search, seizure and arrest without warrant or authorisation

Section 42 of Narcotic Drugs and Psychotropic Substances Act, 1985: Power of entry, search, seizure and arrest without warrant or authorisation

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

(1) Any such officer (being an officer superior in rank to a peon, sepoy or constable) of the departments of central excise, narcotics, customs, revenue intelligence or any other department of the Central Government including para-military forces or armed forces as is empowered in this behalf by general or special order by the Central Government, or any such officer of the revenue, drugs control, excise, police or any other department of a State Government as is empowered in this behalf by general or special order of the State Government, if he has reason to believe from personal knowledge or information taken down in writing that any narcotic drug, or psychotropic substance, or controlled substance in respect of which an offence punishable under this Act has been committed or any document or other article which may furnish evidence of the commission of such offence or any illegally acquired property is kept or concealed in any building, conveyance or enclosed place, may between sunrise and sunset,—

(a) enter into and search any such building, conveyance or place;

(b) in case of resistance, break open any door and remove any obstacle to such entry;

(c) seize such drug or substance and all materials used in the manufacture thereof and any other article and any animal or conveyance which he has reason to believe to be liable to confiscation under this Act and any document or other article which he has reason to believe may furnish evidence of the commission of any offence punishable under this Act or furnish evidence of holding any illegally acquired property; and

(d) detain and search, and, if he thinks proper, arrest any person whom he has reason to believe to have committed any offence punishable under this Act:

Provided that in case of urgency, search can be conducted between sunset and sunrise after recording reasons for belief.

(2) Where an officer takes down any information in writing under sub-section (1) or records grounds for his belief under the proviso thereto, he shall within seventy-two hours send a copy thereof to his immediate official superior.

Legal Commentary & Landmark Judgments: Section 42

Section 42 sets forth the mandatory procedural requirements for entry, search, seizure, and arrest without warrant in building, conveyance, or enclosed places.

Sub-Section (1) Provision: Under Section 42(1), an authorized officer between sunrise and sunset may enter, search, and seize illicit substances from any building or conveyance without a warrant upon recorded reasonable belief.
Evidentiary Proof & Admissibility: Sunset (or after sunset if reasons for belief of evidence destruction are recorded) may enter, search, seize, and arrest if they have reason to believe from personal knowledge or information taken down in writing that a drug offence has occurred.

Section 42 mandates strict adherence to statutory search and seizure protocols, requiring written recording of secret information to ensure constitutional regularity.

Key Landmark Precedents:

Karnail Singh v. State of Haryana (2009) 8 SCC 539: A five-judge Constitution Bench held that total non-compliance with Section 42(1) (recording information in writing) and Section 42(2) (transmitting copy within 72 hours) is impermissible and vitiates the trial; however, delayed compliance with cogent explanation is acceptable.
Boota Singh v. State of Haryana (2021) 19 SCC 606: Held that a private vehicle or conveyance does not fall under Section 43 (public place); search of a private car parked on a public road is governed by Section 42, requiring mandatory recording of reasons.

Legal Commentary:

Section 42 is the premier battleground in NDPS trials. Defense counsel routinely scrutinize whether the secret informant's tip was reduced to writing before the raid and whether the GD entry was transmitted to the superior officer within 72 hours. Total failure of compliance guarantees an acquittal.

Section 42: Power of entry, search, seizure and arrest without warrant or authorisation

Section 42 of Narcotic Drugs and Psychotropic Substances Act, 1985: Power of entry, search, seizure and arrest without warrant or authorisation

Legal Commentary & Landmark Judgments: Section 42