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M. M. SUNDRESH, J. B. PARDIWALA
Ranjan Kumar Chadha – Appellant
Versus
State of Himachal Pradesh – Respondent
Paragraph 114 clarifies that the provisions of Section 50 of the NDPS Act do not extend to the search of a bag being carried by the accused. It emphasizes that the benefit of Section 50 cannot be applied to such bags or articles because they are distinct from the body of a human being and are identifiable as separate entities. The paragraph underscores that these bags or articles are not part of the person and are therefore not covered under the scope of "search of a person" as mandated by Section 50. This interpretation helps maintain a clear distinction between the search of the person and the search of articles or belongings, ensuring that the procedural safeguards under Section 50 are only invoked when the search pertains to the person’s body or clothing, and not to external articles like bags or containers carried by the accused.
JUDGMENT :
J.B. PARDIWALA, J.
1. The captioned appeals are at the instance of a convict accused of the offence punishable under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short “the NDPS Act”) and are directed against the judgment and order of conviction dated 20.08.2010 and the order of sentence dated 16.09.2010 resply passed by the High Court of Himachal Pradesh in the Criminal Appeal No. 356 of 1999 by which the High Court allowed the appeal filed by the State of Himachal Pradesh and thereby set aside the judgment and order of acquittal passed by the Sessions Judge, Kullu dated 31.03.1999 in the Sessions Trial No. 44 of 1998. With the High Court allowing the State’s acquittal appeal, the appellant herein stood convicted of the offence punishable under Section 20 of the NDPS Act.
2. The appellant was heard on the point of sentence and ultimately, the High Court vide order dated 16.09.2010 sentenced the appellant herein to undergo rigorous imprisonment for a period of two years and to pay fine of Rs. 50,000/- (Rupees Fifty Thousand Only) and in default of payment of fine to undergo further rigorous imprisonment for six months.
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