Supreme Court: Authorities Must Record Written Reasons Before Warrantless Search Under NDPS Act

The Supreme Court has ruled that authorities must mandatorily record written reasons before conducting any search without a warrant under special enactments like the NDPS Act.

This directive came as the court acquitted an accused, noting a failure by officials to comply with this mandatory procedural safeguard. The Court also distinguished between "search" and "inspection", noting that "search" has a wider connotation.

The court emphasized that such recorded reasons are crucial to ensure the legality of a search, protect individual rights, and prevent the misuse of power. The court stated that this procedural step is a fundamental requirement for a fair investigation.

[ITC Ltd. V State of Karnataka & Anr.]