Supreme Court of India · 2010-08-05
State Of Karnataka vs Dondusa Namasa Baddi
- Citation / case number
- 2010 AIR SCW 5905
- Court
- Supreme Court of India
- Petitioner
- State Of Karnataka
- Respondent
- Dondusa Namasa Baddi
- Bench
- Chandramauli Kr. Prasad, Harjit Singh Bedi
Judgment text excerpt
The Supreme Court addressed the compliance requirements under Section 42(2) of the Narcotic Drugs and Psychotropic Substances Act, 1985, clarifying that total non-compliance adversely affects the prosecution case and is mandatory. The Court distinguished between total non-compliance and delayed compliance, stating that while total non-compliance is impermissible, delayed compliance with a satisfactory explanation is acceptable. The holding emphasized that the failure to record information or notify superiors must be evaluated based on the circumstances of each case, particularly regarding potential prejudice to the accused.