NDLI: S.k. Raju @ Abdul Haque @ Jagga Vs. State of West Bengal

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Narcotic Drugs and Psychotropic Substances Act 1985 – s.20(b)(ii)(c)
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
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Narcotic Drugs and Psychotropic Substances Act, 1985 –s.20(b)(ii)(c) – Recovery of 1.5 kgs of Charas from accusedappellant– PW2, on receipt of information that a drug dealer wouldbe in vicinity of a club, sought permission to organize the raid –After grant of permission, raiding party reached the spot andintercepted appellant walking on the road – Before conductingsearch, option was given to the appellant whether he wished to besearched before the gazetted officer or the magistrate – Appellantopted for gazetted officer – When PW-4-gazetted officer arrived,he once again confirmed if he wanted to opt for search by magistrate– Appellant consented to search in presence of PW-4-gazetted officer– Thereafter, PW-4 also gave liberty to the appellant to searchPW-2-raiding officer which appellant did and found no narcoticsubstance from the person of raiding officer – On search of theappellant in the presence of PW-4, a bag was recovered from theappellant carrying 1.5 kgs of charas, and Rs. 2,400/- cash wasrecovered from the pocket of the appellant’s trouser – Convictionof appellant by courts below – Plea of appellant that there wasnon-compliance of s.42 and s.50 of the Act – Held: Plea notsustainable – The appellant was walking along the Garden Road –He was intercepted and detained immediately by the raiding partyin front of the club, which was not a building, conveyance or anenclosed place – The place of occurrence was accessible to thepublic and fell within the ambit of the phrase “public place” in theexplanation to s.43 – Therefore, s.42 had no application – Beforethe appellant’s search was conducted, both PW-2 and PW-4 ondifferent occasions apprised the appellant of his legal right to besearched either in the presence of a Gazetted Officer or a Magistrate– The options given by both PW-2 and PW-4 were unambiguous –Merely because the appellant was given an option of searching PW-2 before the latter conducted his search, would not vitiate thesearch – The search of the appellant was as a matter of factconducted in the presence of PW-4, a gazetted officer, in consonancewith the voluntary communication made by the appellant to bothPW-2 and PW-4 – Thus, there was strict compliance with therequirements of s.50(1) of the Act.Narcotic Drugs and Psychotropic Substances Act, 1985 –s.42 – Essential requirement – Held: Compliance with s.42, includingrecording of information received by the empowered officer, is notmandatory, when an offence punishable under the Act was notcommitted in a building, conveyance or an enclosed place.Narcotic Drugs and Psychotropic Substances Act, 1985 –s.43 – When attracted – Held: s.43 is attracted in situations wherethe seizure and arrest are conducted in a public place, which includesany public conveyance, hotel, shop, or other place intended foruse by, or accessible to, the public.
Judge	Hon'ble Dr. Justice D.Y. Chandrachud
Neutral Citation	2018 INSC 780
Petitioner	S.k. Raju @ Abdul Haque @ Jagga
Respondent	State Of West Bengal
SCR	[2018] 10 S.C.R. 731
Judgement Date	2018-09-05
Case Number	459

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S.k. Raju @ Abdul Haque @ Jagga Vs. State of West Bengal

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S.k. Raju @ Abdul Haque @ Jagga Vs. State of West Bengal

S.k. Raju @ Abdul Haque @ Jagga Vs. State of West Bengal

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