Narcotic Drugs and Psychotropic Substances Act 1985 : s. 42(1)-Police officer searching conveyance driven by accused and recovering four gunny bags of charas on basis of information received-Information not reduced to writing and not communicated to superior officer- Held, s. 42 not complied with; although trial may not be vitiated on that scope alone, prejudice would be caused to the accused.

Section 35-Presumption of culpable mental state-Burden of proof-Discharge of by accused-Held, would be discharged if it appears from prosecution case that accused could not have had knowledge or required intention, even though accused has not adduced evidence of his own; in the instant case non-recording of information at first instance was a circumstance in favour of accused leading to discharge of burden of proof and he was not liable to be convicted.