TaxTMI Login
Just a moment...
Press 'Enter' to add multiple search terms. Rules for Better Search
Use comma for multiple locations.
---------------- For section wise search only -----------------
Accuracy Level ~ 90%
of 
Press 'Enter' after typing page number.
of Press 'Enter' after typing page number.
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
of Press 'Enter' after typing page number.
of Press 'Enter' after typing page number.
All Case Laws
of Press 'Enter' after typing page number.
of Press 'Enter' after typing page number.
All Case Laws
Note
Bookmark
Share
Don't have an account? Register Here
of Press 'Enter' after typing page number.
Issues: (i) whether the search of a bag carried on the head of the accused amounted to a personal search so as to attract the safeguards under Section 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985; (ii) whether the accused was compelled to make a confession or was otherwise protected against self-incrimination.
Issue (i): whether the search of a bag carried on the head of the accused amounted to a personal search so as to attract the safeguards under Section 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985.
Analysis: Section 50 applies only to personal search. A bag, briefcase, suitcase, or similar container is not part of the human body and does not fall within the meaning of "person" for that provision. The search in question was of a bag carried on the head, not a search of the body or clothing of the accused, and therefore the statutory safeguard was not attracted.
Conclusion: The search of the bag did not amount to a personal search, and Section 50 was not applicable.
Issue (ii): whether the accused was compelled to make a confession or was otherwise protected against self-incrimination.
Analysis: Mere questioning by the police on suspicion does not by itself amount to arrest, and there was no material to show that any confession was compelled. The search and seizure did not constitute compelled self-incriminating testimony.
Conclusion: The plea based on compelled confession and self-incrimination failed.
Final Conclusion: The acquittal was set aside, the conviction and sentence were restored, and the appeal succeeded.
Ratio Decidendi: A bag or other container carried by a person is not part of the person for the purpose of Section 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985, and a search of such container does not attract the mandatory safeguards applicable to personal search.
TaxTMI 
