SODHA DARBAR HAMIRSINH VARDHAJI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) A Division Bench of this Court, while hearing Criminal Appeal No. 815/90 wherein the accused is convicted for an offence punishable under provisions of Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as "the NDPS Act"), has referred the following question to the larger Bench : "Whether search of the bags carried by the appellant should be regarded as search of the person of the appellant or not within the meaning of Sec. 50 of the NDPS Act ?'"

(2.) Section 50 of the NDPS Act reads as under :

(3.) While hearing Criminal Appeal No. 407/71, attention of the Division Bench was drawn to a question referred to the Larger Bench and, therefore, the aforesaid appeal is also placed along with Criminal Appeal No. 815/90.