City Police Commissioner Qualifies As 'Immediate Superior' Under Section 42(2) Of NDPS Act: Kerala High Court

The Kerala High Court ruled that the term “immediate official superior” in Section 42(2) of the NDPS Act must be interpreted contextually based on the operational structure of the investigating agency.

The case involved a bail plea by a man booked for possessing 108.9 grams of MDMA, with the search conducted by the District Anti-Narcotic Special Action Force (DANSAF).

The petitioner claimed the search was illegal as information was given to the City Police Commissioner instead of DANSAF’s team leader.

Justice Bechu Kurian Thomas held City Police Commissioner is indeed the functional head of DANSAF in urban areas and thus qualifies as the "immediate official superior" in the context of the anti-narcotics squad.