Pvt vehicle not ‘public place’ under NDPS Act: Top court

Pvt vehicle not ‘public place’ under NDPS Act: Top court

TIMES NEWS NETWORK

New Delhi:18.04.2021

The Supreme Court has reiterated that a private vehicle would not come within the expression of a public place under the NDPS Act and different provisions mentioned in the act for private and public place must be followed.

Section 42 deals with power of entry, search, seizure and arrest without warrant or authorisation and provides a detailed procedure to follow. Section 43 deals with power of seizure and arrest in public place.

While deciding a criminal appeal, a bench of Justices U U Lalit and K M Joseph said that the explanation to Section 43 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act clearly says that a private vehicle would not come within the expression of 'public place'.

In that case, recovery was made from the accused while they were in a jeep at a public place. The Punjab and Haryana high court had held that the case of the accused would be covered by Section 43 of NDPS Act and not by Section 42.

Setting aside the HC order, the apex court said that rigor of Section 42 may get lessened in certain situations but in no case, total noncompliance of Section 42 cannot be accepted.

“The evidence in the present case clearly shows that the vehicle was not a public conveyance but was a vehicle belonging to the accused. The Registration Certificate of the vehicle, which has been placed on record, also does not indicate it to be a Public Transport Vehicle. The explanation to Section 43 shows that a private vehicle would not come within the expression public place as explained in Section 43 of the NDPS Act,” the bench said.

In a case, recovery was made from the accused while they were in a jeep at a public place. The Punjab and Haryana high court had held that the case of the accused would be covered by Section 43 of NDPS Act and not by Section 42