Uttarakhand High Court

BA1/206/2025 on 21 May, 2025

Author: Rakesh Thapliyal

Bench: Rakesh Thapliyal

             Office Notes, reports,
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                                      BA1 No. 205 of 2025
                                      Hon'ble Rakesh Thapliyal, J.

1. Mr. Anoop Jaiswal, (through V.C.) learned counsel for the applicant.

2. Mr. Siddharath Bisht, learned Assistant Government Advocate with Mr. Himanshu Sain, learned Brief Holder for the State.

3. Learned counsel for the applicant submits that there is no compliance of Section 42 of the NDPS Act, since search and seizure was done on the information of informer but that information was not taken down in writing, which is mandatory as per Section 42 of the NDPS Act.

4. In response to this, learned AGA argued that in the present case, Section 42 will not apply rather Section 43 will apply since the vehicle, in question, appears to be a commercial vehicle.

5. In response to this, learned counsel for the applicant has placed reliance on the judgment of Hon'ble Supreme Court passed in the case of Boota Singh Vs. State of Haryana (2021) 19 SCC 606 particularly, he placed reliance on paragraph 15 and 17 wherein it has been held that if the vehicle from which the recovery was made is private vehicle then Section 42 will apply.

6. On perusal of the said judgment, particularly, paragraph 14, it reveals that Section 42 will apply, if private vehicle is used for non commercial purposes and if private vehicle is used for commercial purposes, then Section 43 will apply.

7. Learned counsel for the applicant shall produce the Registration Certificate of the vehicle in question on the next date.

8. List on 05.06.2025.

(Rakesh Thapliyal, J.) 21.05.2025.

SKS