LIYAQAT ALI Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition, under Article 32 of the Constitution of India, is filed on the basis that in respect of Section 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985 there is a conflict of decision between Namdi Francis Nwazor v. Union of India, 1998 8 SCC 534 and Sarjudas v. State of Gujarat2 and State of Punjab v. Baldev Singh3. In our view there is no conflict. Law on the subject is very clear and it is as laid down in the cases of Sarjudas v. State of Gujarat, 1999 8 SCC 508, and State of Punjab v. Baldev Singh, Sarjudas v. State of Gujarat, 1999 8 SCC 508. In Namdi Francis Nwazor1, the question whether Section 50 would be applicable if the seizure is from a bag carried by a person, did not arise at all. In that case the seized articles were brought from some other place to the place where the search took place and then it was held that Section 50 did not apply. The question whether Section 50 would apply if the search and seizure are from a bag being carried by the accused did not arise for consideration. The observations relied upon are mere passing observations which are per incuriam. Therefore, the law is as set out in the other two judgments.

(2.) This petition is disposed of with this clarification.