Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | NDPS Act 15 ss.50 protection in matters concerning “personal search” |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Narcotic Drugs and Psychotropic Substances Act, 1985 – ss.50, 15– Infraction with respect to personal search u/s.50, if affects the qualitative value of the other material/article recovered during the investigation – As per the prosecution, respondents-accused (driver of the vehicle and the person accompanying him) were carrying contraband material in seven bags lying in the vehicle – Their personal search did not lead to any recovery of contraband – Trial Court held them guilty u/s.15 and sentenced to suffer 12 years’ rigorous imprisonment with fine – High Court on the ground that there was infraction of s.50, as the personal search of the accused was not conducted before the Magistrate or a Gazetted Officer, acquitted both the accused – On appeal, held: s.50 affords protection in matters concerning “personal search” and stipulates various safeguards – An illicit article seized from the person during personal search conducted in violation of the safe-guards provided in s.50 cannot by itself be used as admissible evidence of proof of unlawful possession of contra-band – However, the mandate of s.50 is confined to “personal search” and not to search of vehicle or container or premises – In the instant case, the personal search of the accused did not result in recovery of any contraband – But, the search of the vehicle and recovery of contraband pursuant thereto having stood proved, merely because there was non-compliance of s.50 as far as “personal search” was concerned, no benefit can be extended so as to invalidate the effect of recovery from the search of the vehicle – Further, conclusion (3) as recorded by the Constitution Bench in Para 57 of its judgment in Baldev Singh’s case states that the conviction may not be based “only” on the basis of possession of an illicit article recovered from personal search in violation of the requirements u/s.50 but, if there be other evidence on record, such material can certainly be looked into – Since in the present case, seven bags of poppy husk each weighing 34 kgs. were found from the vehicle which was being driven by accused with the other accused accompanying him, their presence and possession of the contraband material stood completely established –Acquittal recorded by the High Court set aside– Order of conviction recorded by the Trial Court, restored– Sentence reduced to 10 years while maintaining the payment of fine and the default sentence unaltered. |
Judge | Honble Mr. Justice Uday Umesh Lalit |
Neutral Citation | 2019 INSC 1145 |
Petitioner | State Of Punjab |
Respondent | Baljinder Singh & Anr. |
SCR | [2019] 13 S.C.R. 520 |
Judgement Date | 2019-10-15 |
Case Number | 1565 |
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