Case Law Analysis
|Kerala High Court
Section 42 NDPS Act Mandatory for Sunset-Sunrise Search in Private Vehicles at Public Places: Kerala HC Grants Bail for Non-Compliance
Kerala High Court rules that searches in private vehicles at public places between sunset and sunrise require strict compliance with Section 42 of the NDPS Act, including warrant and grounds of belief. Non-compliance vitiates the search, entitling the accused to bail, even if the recovery occurs in a public place.