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(2025) Law Today Live Doc. Id. 20473 = 2025:PHHC:039392-DB = 2025(3) RCR (Criminal) 5
Decided on: 24.03.2025
A. Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 41, 42, 43 -- NDPS -- Private conveyance – Search of vehicle – Compliance of Section 41(1) and 42(2) of NDPS Act – Requirement of -- Where secret information is received in terms of Section 42 of the NDPS Act, then the search of a private conveyance even in a public place/ transit would require compliance of Sections 41(1) and 42(2) of the NDPS Act i.e. the information so received must be taken down in writing and conveyed to the immediate superior officer within 72 hours -- However, where the search of a public conveyance is to be conducted in a public place/transit, no such compliance is required -- Whether a vehicle is a private conveyance or a public conveyance would be a question of fact in each case.
(Para 35)
B. Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 42, 43 – NDPS – Search of vehicle -- ‘private public’ and a ‘public conveyance’ -- In the case of the former, Section 42 of the Act would apply and in the case of the latter, Section 43 of the NDPS Act would apply.
(Para 36)