Section 50 NDPS Act Applies Only In Case Of Search Of Person: Punjab & Haryana High Court

The Court was hearing a Petition under Section 439 of the CrPC seeking regular bail in a case registered for the offences under Section 20(b)(ii) B of the NDPS Act.

The bench of Justice NS Shekhawat relied on the Supreme Court decision in State of Punjab v. Baldev Singh where according to the Court it was held, “Section 50 of the NDPS Act would come into play only in the case of search of a person as distinguished from search of any premises etc.”

Advocate Saurav Bhatia appeared for the Appellant and DAG Sheenu Sura appeared for the Respondent.

Brief Facts-

In the present case, ASI and other police officers received information from a secret informer that Petitioner was transporting narcotics in a truck. A checkpoint was set up where the truck was intercepted, the Petitioner was apprehended. After issuing a notice under Section 50, the police searched the truck and seized 3 quintals and 59 kg of Ganja. The accused was subsequently arrested, and the narcotics were taken into police custody.

The Court further mentioned the Supreme Court decision in State of H.P. Vs. Pawan Kumar (2004) and quoted, “We are not concerned here with the wide definition of the word "person", which in the legal world includes corporations, associations or body of individuals as factually in these type of cases search of their premises can be done and not of their person. Having regard to the scheme of the Act and the context in which it has been used in the section it naturally means a human being or a living individual unit and not an artificial person.”

While explaining the material difference between the provisions of Sections 42 and 43 of the NDPS Act the Court observed, “Section 42 requires recording of reasons for believing and for taking down of information received in writing with regard to the commission of an offence before conducting search and seizure. Section 43 does not contain any such provision and as such while acting under Section 43 of the NDPS Act, the empowered officer has the power of seizure of articles etc., and the arrest of a person, who is found to be in possession of any narcotic drugs and psychotropic substances in a public place where such possession appears to him to be unlawful.”

The Court also said that the quantity of 3 quintals and 59 Kgs of Ganja, which was recovered, falls within the ambit of commercial quantity, as per the provisions of NDPS Act and the bar contained in Section 37 of the Act would be applicable.

Accordingly, the Court dismissed the Petition.