LexSTATE OF PUNJAB versus BALBIR SINGH AND ORS.
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STATE OF PUNJAB A v. BALBIR SINGH AND ORS. OCTOBER 26, 2004 [ ARIJIT PASAYA T AND C.K. THAKKER, JJ.] B Narcotic Drugs and Psychotropic Substances Act, 1985: s.50- Compliance with requirements of-Accused found carrying gunny bags containing poppy husk on a bullock-cart-Plea of non-compliance with C provisions of s. 50-Held, s.50 applies in case of personal search of a person- On facts, s.50 not attracted Respondents were prosecuted under s.15 of the Narcotic Drugs and Psychotropic Substances Act, 1985. The prosecution case was that a police party found the accused carrying 18 gunny bags containing poppy husk on a D bullock cart. The trial court convicted the accused of the offence charged. But, the High Court accepted the plea of the accused that mandatory requirements ofs.50 of the Act were not complied with and, therefore, the conviction and sentence could not be sustained. In the appeal filed by the State, it was contended that, in the facts and E circumstances of the case, no personal search was involved and the High Court erred in holding that s.50 of the Act was attracted. Allowing the appeal, the Court HELD: 1. The High Court was not justified in directing acquittal of the F accused persons for the purported non-compliance with the requirements of s.50 of the Narcotic and Psychotropic Substances Act, 19851.A bare reading of s.50 shows that it only applies in case of personal search of a person. It does _not extend to search of a vehicle or a container or a bag or _premises. 1~~7-B 646-GJ G . . . State of Punjab v. Baldev Singh, 11999) 6 SCC 172; Kalema-Tum!Ja v. State of Maharashtra and Anr., JT (1999) 8 SC 293; Gurbax Singh v. State of Haryana, 12001( 3 SCC 28 and Madan Lal and Anr. v. State of Himachal Pradesh, (2003) 6 Supreme 382, relied on. 643 H 644 SUPREME COURT REPORTS [2004] SUPP. 5 S.C.R. A CRIMINAL APPELLATE JURISDICTION: Criminal Appel Nos. 1218- 1219 of2004. From the Judgment and Order dated 17.9.2003 of the Punjab and Haryana High Court in Cr! A. Nos. 331-SB and 426-SB of 1989. B Bimay Roy Jad and Arun K. Sinha for the Appellant. Dinesh Verma, Ms. Suresh Kumari and A.P. Mohanty for the Respondent. The Judgment of the Court was delivered by C ARIJIT PASAYA T, J. Leave granted. Respondents faced trial for alleged commission of offence under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short the 'Act'). Sans unnecessary details the prosecution version is as follows: D On 28.6.1987, Inspector Kamai! Singh along with Head Constable Shamsher Singh, Head Constable Surjit Singh and other Police officials, were going from Moga to Talwandi Dosanjh in Govt. jeep for the search of suspects. When they reached on the crossing of Talwandi Bhangarian. Dosanjh, a bullock cart was seen coming from opposite side. Accused Sukhwinder Singh was driving that cart whereas his co-accused Kuldip Singh and Balbir Singh E were sitting on bags carried on that cart on bags. The police party asked accused Sukhwinder Singh to stop the cart. Accused Kuldip Singh and Balbir Singh ran away whereas accused Sukhwinder Singh was apprehended at the spot. On search of the cart, 18 bags containing poppy husk were recovered from it. The weight of each of those bags was told to be 45 kg. by accused F Sukhwinder Singh. 250 grams poppy husk was taken out as sample from each of the bags. The sample and the bags containing the remaining poppy husk were separately sealed with the seal and taken into possession· vide recovery memo Ex.PA attested by HC Surjit Singh. The seal after use, was given to HC Surjit Singh. Specimen impression of the seal, Ex P.l 9 was prepared. The cart was also taken into possession through the same memo Ex.PA. The Inspector G sent ruqa Ex.PS to the Police Station on the basis of which FIR.PB/I was recorded. Site plan (Ex.PC) was prepared. Statements of PWs were recorded. The bags were weighed on way back on the Saw Mill at Village Duneke. On return to the Police Station, the Inspector deposited the case property with seals with MHC Sukhdev Singh. The copies of the FIR and the Wireless H message were sent to the higher authorities. Accused Kuldip Singh and Balbir .• STATEOFPUNJABv. BALBIRSINGH[PASAYAT,J.] 645 Singh who escaped from the spot on the day of recovery were subsequently A arrested by the Police on 23.7.1989 and 24.7.1989 respectively. After completion of investigation charge sheet was placed. The Illa
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