JUDGMENT : 1. Learned counsel for the petitioner relies on the judgment of this Court in the case of Abdul Rashid Ibrahim Mansuri v. State of Gujarat ( 2000 (2) SCC 513 ) to contend that Section 42 of the NDPS Act of 1985 is mandatory. The High Court has relied on subsequent judgment of this Court in case of Sajan Abraham v. State of Kerala, ( 2001 (6) SCC 692 ) wherein it is held that unless the accused establishes prejudice caused to him mere non-compliance of Section 42 of the said Act does not vitiate the proceedings. In view of these to conflicting opinion we issue notice in this SLP.