Section 50 NDPS Act Not Applicable To Recovery From Bag Carried By A Person: Supreme Court

Case: Ranjan Kumar Chadha v. State of Himachal Pradesh

Coram: Justices MM Sundresh and JB Pardiwala

Case No.: CRIMINAL APPEAL NOS. 2239-2240 OF 2011

Court Observation: “It could legitimately be argued that the interpretation of Section 50 restricting its scope only to the search of a person of the accused would frustrate the object as the apprehension of the person concerned may continue to subsist that he may still be implicated by the police or any other person for more stringent punishment of carrying commercial quantity by getting rid of the rigor of the mandatory provision of Section 50 by implanting the contraband in a vehicle, bag, etc. accompanying the person.”

“However, in view of plain and unambiguous statutory provision, there is no scope of interpreting Section 50 in any other manner than the interpretation explained in Baldev Singh (supra) and Pawan Kumar (supra).” “…the High Court was also correct in saying that Section 50 of the NDPS Act was not required to be complied with as the recovery was from the bag.”

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Keywords

Section 50 NDPS Act Not Applicable To Recovery From Bag Carried By A Person, Supreme Court