UNION OF INDIA Vs. MAJOR SINGH

JUDGEMENT

(1.) Heard learned Counsel for the parties.

(2.) The Respondents were convicted by the trial court under Section 8 read with Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short "the Act") and each one of them was sentenced to undergo rigorous imprisonment for a period of 15 years and pay fine of Rs. 1.5 lakhs ; in default to undergo further imprisonment for a period of one year. On appeal being preferred by the accused persons, the High Court acquitted all the Respondents. Hence, this appeal by special leave.

(3.) The High Court has recorded the acquittal on two counts ; firstly, the provisions of Section 50 of the Act and secondly, under Section 42(2) of the Act have not been complied with. So far as Section 50 of the Act is concerned, in the present case, the same shall have no application as the search and seizure was made from a truck and not from the person of any of the accused persons. This question has been examined by a three-Judge Bench of this Court in State of H. P. v. Pawan Kumar, 2004 (3) CCSC 1640: 2004 (3) ACR 2779 (SC): (2005) 4 SCC 350, in which it has been categorically laid down that search of bag, briefcase or any such article or container which is being carried by a person is not search of a person, as such the provisions of Section 50 of the Act would not apply in case search and seizure is not made from the person of the accused. In the present case, as the search and seizure have not been made from the person of the accused but from the truck, the provisions of Section 50 of the Act shall have no application.