STATE OF RAJASTHAN v. GOPAL & ORS., 2025
The Search under NDPS Act valid if conducted by In-Charge SHO in absence of designated officer, holds Supreme Court.
Judgement Details
Court
Supreme Court of India
Date of Decision
14 May 2025
Judges
Justice Pankaj Mithal ⦁ Justice SVN Bhatti
Citation
Acts / Provisions
Section 13(1)(ia), Hindu Marriage Act, 1955
Section 25, Hindu Marriage Act, 1955
Facts of the Case
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The case involves a challenge to the order of the Rajasthan High Court, which had quashed an FIR for offences under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act).
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The FIR was quashed by the High Court on the ground that the search was carried out by an unauthorised officer, not the designated Station House Officer (SHO).
Issues
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Whether a search under the NDPS Act can be conducted by the In-Charge SHO in the absence of the designated SHO.
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Whether the High Court erred in interpreting the powers granted under Section 42 of the NDPS Act.
Held
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The Supreme Court ruled that the High Court had manifestly erred in holding that the In-Charge SHO was not competent to conduct the search.
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The Court directed that the trial should continue as per law.
Analysis
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The Court’s ruling clarifies the competency of an In-Charge SHO to carry out a search under the NDPS Act, even in the absence of the designated SHO. This decision ensures that the provisions of the NDPS Act are not interpreted in a restrictive manner, thus upholding the efficiency and authority of police officers entrusted with maintaining law and order.
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The decision strengthens the application of Section 42 of the NDPS Act by affirming that the powers to search and seize under this section can be exercised by temporary or In-Charge officers as well, based on the State Government's notification.