JUDGMENT

G.P. Mathur, J.—

Criminal Appeal No. 222 of 1997

1. In view of difference of opinion between two learned Judges who heard the appeal, the matter has been placed before this larger bench and the question for consideration is whether the safeguards provided by Section 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘the NDPS Act’ or ‘the Act’) regarding search of any “person” would also apply to any bag, briefcase or any such article or container etc., which is being carried by him.

2. The essential facts of the case, which are necessary for decision of the appeal, may be stated in brief. According to the case of the prosecution, Hukum Singh and Munshi Ram, Head Consta­bles and some police personnel were checking buses at the bus stand, Mandi in the night of 18.7.1994. While checking a bus at about 8.45 p.m., they noticed that the accused Pawan Kumar (respondent herein), who was carrying a bag, Ex. P3, slipped out from the rear door of the bus and thereafter started running towards Subzi Mandi side. The police personnel got suspicious and after a chase apprehended him near the gate of bus stand. They felt smell of opium emitting from the bag and, th