#Section 42 NDPS

Chhattisgarh High Court reduces a 3-year sentence to time served (5 months) for possession of 4.02 kg ganja, emphasizing undue delay and proportionality under Article 21. The ruling sets a precedent for balancing punishment with procedural fairness in NDPS cases, particularly where contraband quantity is marginal.

The Punjab & Haryana High Court ruled that failure to reduce secret information to writing under Section 42 of the NDPS Act vitiates the recovery of contraband, entitling the accused to bail. The court emphasized that procedural safeguards under the NDPS Act are constitutional imperatives, not mere technicalities, reinforcing personal liberty over prolonged pre-trial detention.

Gauhati High Court acquits accused due to total non-compliance with Section 42 NDPS Act, rendering recovery suspect and prosecution evidence uncorroborated.