AI Overview...
- Recovery from Bag Not from Body - Section 50 NDPS Act
Main points and insights: - Section 50 of the NDPS Act primarily pertains to personal searches of individuals, requiring the search to be conducted in the presence of a Gazetted Officer or a Magistrate. It does not extend to searches of containers, bags, or premises.
- Several judgments (e.g., INDKER00000279427, 02600005082, 01400022201, 01400024111, 01800032926) clarify that recovery made from a bag or container does not automatically invoke Section 50. Instead, such recoveries are governed by other provisions, and compliance with Section 50 is not mandatory if the search is of a container or bag carried by the accused.
- In cases where contraband is recovered from a container or bag, courts often examine whether the search was justified under other sections like Section 42 or whether proper procedure was followed.
- Some judgments emphasize that failure to comply with Section 50 does not necessarily lead to acquittal if the recovery was from a container or bag, especially when the search of the container was conducted lawfully under other provisions.
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The Supreme Court and High Courts have held that Section 50 applies strictly to personal searches of individuals, not to searches of bags, containers, or premises (e.g., INDDEL00000001448, 02600005082).
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Analysis and Conclusion
The consensus across various judgments is that Recovery made from a bag or container does not fall under the purview of Section 50 NDPS Act. The section is specific to personal searches of individuals. Therefore, recovery from a bag or container does not violate Section 50, and such recoveries are governed by other procedural safeguards under the NDPS Act and the Criminal Procedure Code. Proper procedure must still be followed, but the absence of compliance with Section 50 in such cases does not automatically invalidate the recovery or the prosecution's case.
References:
- INDKER00000279427
- 02600005082
- 01400022201
- 01400024111
- 01800032926
- INDDEL00000001448
Search Results for "Whether Recovery Made from a Bag Not from Body Comes under Section 50 of Ndps Actual"
2022 Supreme(Online)(KER) 19097 • India - High Court of Kerala
VIJU ABRAHAM, J
Issues: Whether the search conducted violated Section 50 of the NDPS Act and if the petitioner was eligible for bail under ... Act and determined that the search conducted did not violate Section 50, allowing the rejection of bail. ... Ratio Decidendi: Provisions of Section 50 apply only to personal searches and not to containers or bags. ... Further it is seen that the actual contraband was sei....
2016 0 Supreme(HP) 1814 • India - Himachal Pradesh
DHARAM CHAND CHAUDHARY, VIVEK SINGH THAKUR
NDPS Act - Recovery of Charas - Section 20 Fact of the Case: The appellant was convicted under Section 20 of the ... The court also found no violation of the provisions under Sections 42 and 50 of the NDPS Act. ... Issues: The issues included the validity of the recovery, compliance with NDPS Act provisions, and the quantity of charas ... The proceedings also vitiated on account of non-compliance of Section #HL_S....
2016 0 Supreme(Gau) 263 • India - Gauhati
PARAN KUMAR PHUKAN
Narcotic Drugs and Psychotropic Substances Act, 1985 – Section 20(b)(i) – Default, to rigorous imprisonment ... the appellant under Section 20(b)(i) of the NDPS Act and sentencing him to rigorous imprisonment for 4 (four) years and to pay fine ... Court do not find any reason to interfere with the said findings of the learned Sessions Judge – Ordered Accordingly. ... In case, the recovery of the narcotic is made from a container being carried by the individual, the p....
2016 0 Supreme(Gau) 679 • India - Gauhati
PARAN KUMAR PHUKAN
Code of Criminal Procedure, 1973 - Section 313 - NDPS Act - Section 20(b) - Narcotic Drugs and Psychotropic ... Substances Act, 1985 -Section 35 and 54 - Sentencing to rigorous imprisonment – In default, to rigorous imprisonment for year - ... and considered all the evidence on record and came to the findings that the accused appellant has committed offence – Court do not ... In case, the recovery of the narcotic is made from a container being carrie....
2008 0 Supreme(HP) 318 • India - Himachal Pradesh
KULDIP SINGH
been complied with and further also he has appealed for leniency in sentence owing to the fact that the actual recovery of charas ... has failed to prove the charge of recovery of charas from the person or from the bag of the accused beyond reasonable doubt and ... Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 and Criminal Procedure Code, Section 428 - Special Judge convicted ... , the requirements of Section 50 ....
2019 0 Supreme(P&H) 362 • India - Punjab and Haryana
RAJIV SHARMA, HARINDER SINGH SIDHU
The State is directed to strictly enforce Section 71 of the NDPS Act. (Para 46) ... Act more particularly, under Section 50 and the latest law laid down by the Hon`ble Supreme Court of India and by this Court from ... of S.50 NDPS Act--Accused acquitted. ... Learned counsel appearing on behalf of the State vehemently argued that in this case since recovery was made from the vehicle it was not necessary to comply with Sec....
2011 0 Supreme(UK) 62 • India - Uttarakhand
B.SUDERSHAN REDDY, S.S.NIJJAR
not extend to a search of a vehicle or container or a bag or premises. ... — Applicability of — Contraband was carried in a bag — Search — Sec. 50 applies in case of personal search of a person — It does ... — Consent statement made by the appellant inadmissible u/S 25 of the Indian Evidence Act, 1872 — The consent statement signed by ... In case, the recovery of the narcotic is made from a container being carried by the individual, the provisions of Section....
2024 Supreme(Online)(DEL) 31512 • India - High Court of Delhi
MR. JUSTICE ANISH DAYA L, J
searches, not to bags or containers - Delay in trial noted but not sufficient to grant bail under Section 37 NDPS Act. ... (Paras 1, 4.1, 11.1, 14.1, 18) ... ... (B) Compliance with Section 50 NDPS Act - The requirement ... NDPS Act questioned due to lack of independent witnesses and delay in trial - Court emphasized that Section 50 applies only to personal ... 50 would not be ....
2022 0 Supreme(HP) 735 • India - Himachal Pradesh
TARLOK SINGH CHAUHAN, VIRENDER SINGH
by him - Although ground that non compliance of Sections 42 and 50 of NDPS Act do not sustain in judicial scrutiny by this Court ... Code of Criminal Procedure, 1973 - Section 378(3), 173(2), 313 - Narcotic Drugs and Psychotropic Substances ... Act, 1985 - Section 20, 42, 43 and 50 - Charas - Seizure of Contraband - On checking, a plastic envelop was found in it - On opening ... Search and recovery from a bag, brie....
• India - Crimes
M.R.HARIHARAN NAIR
of Section 50 of the Act was not of any consequence. ... PW 9 — Since seizure was not from the person of accused but from the packet held by him — Requirement of Section 50 was not necessary ... 43 of the Act — Accused was not entitled to get acquittal based on violation of Section 42(2) of the Act. ... (2) Whether there is violation of Sec. 42 of the NDPS Act? (3) Whether ther....
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