NDPS Act enacted for law relating to narcotic drugs, to make stringent provisions for the control and regulation of operations relating to narcotic drugs and psychotropic substances, to provide for the forfeiture of property derived from, or used in, illicit traffic in narcotic drugs and psychotropic substances, to implement the provisions of the International Conventions on Narcotic Drugs and Psychotropic Substances and for matters connected therewith.
The object of the N.D.P.S. Act is to make stringent provisions for control and regulation of operations relating to certain drugs substances. Harm to innocent persons and abuse of the provisions by the officers to be avoided. It was with this intent that safeguards like the one available in section 42(2) were built into the Act. The purpose is to ensure that the empowered officer on receiving an information should reduce the same to writing and also record reasons for his belief while carrying out research and arrest. Sending of the report would ensure that false cases are not fabricated by the empowered officers. It was found in State of Punjab v. Balbir Singh, that Sec. 42(2) in so far as it requires sending of a copy of the information to the immediate official superior is mandatory; but if there is delay, whether it was undue or whether the same has been explained or not, will be a question of fact in each case.