NDPS

Chouta :

Mukesh Singh – As per Deepak Mahajan, there may be no necessity for making entries

Deepak Mahajan 1994

Two points that came up for consideration

Entire matter was under FERA & Customs

Under Section 35, upon arrest. Have to be produced before Magistrate
Similar provision under Section 104.
Contention was made that they are not police officers, hence 167 (1) will not apply
Both contentions rejected
Court would hold : officers are akin to officers in charge of PS.

Mahajan para 11

Para 50 Next vital question….50/54 relied upon by

42 – reasons to believe – makes an entry

Entry Search Seizure
Hands him over to IO; then Chapter 12 kicks in
Under Chapter 12 – Importance of Chapter 12 pointed out in his synopsis

172 CD – Necessity to maintain Case Diary.

Field Officer’s Handbook – Chapter 20 – Case File Management.

Mukesh Singh-
Page 13 3.9 contention on behalf of petitioner.
Only after recoveries made (Seizured made), it gets crystallised and goes to officer of police
station. D

Toofan Singh
Question that arose – see synopsis\whther officers under 41 (2) and 53 are police officers and
statements recorded by them are hit by Section 25
Court says Yes
Pg 46
88 para 3 2 issues that arose