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august 2010

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.

State Of Karnataka vs Dondusa Namasa Baddi · Niyam