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    <title>2006 (4) TMI 496 - Supreme Court</title>
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    <description>Section 50 of the NDPS Act applies only to the personal search of an accused and not to the search of a bag, baggage, article, or container carried by him. Relying on State of Himachal Pradesh v. Pawan Kumar, the Court reaffirmed that position and treated earlier observations in Namdi Francis Nwazor as obiter dicta because they were not necessary to the decision in that case. The Court reiterated that a judgment is binding only for what it actually decides. On that basis, Section 50 was held inapplicable to the bag search, the contrary view was not binding, and the conviction could not be reversed on that ground.</description>
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    <pubDate>Wed, 05 Apr 2006 00:00:00 +0530</pubDate>
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      <title>2006 (4) TMI 496 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=170810</link>
      <description>Section 50 of the NDPS Act applies only to the personal search of an accused and not to the search of a bag, baggage, article, or container carried by him. Relying on State of Himachal Pradesh v. Pawan Kumar, the Court reaffirmed that position and treated earlier observations in Namdi Francis Nwazor as obiter dicta because they were not necessary to the decision in that case. The Court reiterated that a judgment is binding only for what it actually decides. On that basis, Section 50 was held inapplicable to the bag search, the contrary view was not binding, and the conviction could not be reversed on that ground.</description>
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