NDPS--Inter-State Operation -- Transporting Contraband Across Jurisdictions Without Arrest Memo, Transit Remand Or Local Coordination Does Not Attract Protection Of Section 69 NDPS Act
Good faith immunity under Section 69 of the NDPS Act is not an absolute shield — it requires lawful competence in addition to honest belief. An officer acting without jurisdiction cannot mechanically invoke Section 69 merely on grounds of bona fide intent. Section 48 of the CrPC does not confer carte blanche authority to arrest or detain persons across jurisdictions without following lawful procedure, coordination with local authorities, and production of requisite documentation such as arrest memo, transit remand, or case diary extract. Questions of authority, scope, and genuineness of belief are matters of evidence to be determined at trial, not in quashing proceedings.
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