Personal search protection under narcotics law does not extend to bags or containers carried by an accused.

Section 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985 applies only to the personal search of an accused and not to a bag, briefcase, attache case or other container carried by that person. The Court held that the phrase "search any person" bears its plain meaning and does not extend to articles merely carried on the body, and the broader statutory definitions did not justify enlargement of that protection. Accordingly, non-compliance with Section 50 could not by itself sustain the acquittal where the recovery was from a container, and the acquittal was set aside to that extent for reconsideration of the remaining grounds.

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Issues: Whether the protection under Section 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985 extends to search of a bag, briefcase or other container carried by a person, and whether acquittal could be sustained solely on alleged non-compliance with that provision.

Analysis: Section 50 uses the expression "search any person" and, on its plain and grammatical meaning, refers to the personal search of the body of an individual. The Court rejected an extended construction that would include articles such as bags, briefcases or containers merely because they are carried by a person. It noted that the statutory references to "person" in connected provisions and the general definitions in the Code of Criminal Procedure, the Indian Penal Code and the General Clauses Act did not support such enlargement. Relying on the earlier Constitution Bench view, the Court reiterated that Section 50 is attracted only when the search is of the person himself and not when the contraband is recovered from a container or article carried by him.

Conclusion: Section 50 did not apply to the search of the attache case, and the acquittal based solely on that ground could not stand.

Final Conclusion: The order of acquittal was set aside to the extent it rested on Section 50, and the matter was sent back for consideration of the remaining grounds.

Ratio Decidendi: Section 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985 applies only to the personal search of an accused and not to a bag, briefcase or other container carried by the accused.

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