Supreme Court of India
Liyaqat Ali vs Union Of India (Uoi) And Ors. on 2 May, 2003
Equivalent citations: 2004(5)CTC608, AIRONLINE 2003 SC 64, 2008 (17) SCC 757 (2004) 5 CTC 608 (SC), (2004) 5 CTC 608 (SC)
Bench: S.N. Variava, B.N. Agarwal
ORDER
1. This writ petition, under Article 32 of the Constitution of India, is filed on the basis that in respect of Section 50 of the Narcotic Drugs and Psychotropic Substance Act, 1985 there is a conflict of decision between the case of Nambi Francis Nwazor v. Union of India, and the cases of Sarjudas and Anr. v. State of Gujarat, State of Punjab v. Baldey Singh, 1999 (6) SCC 172. In our view there is no conflict. Law on the subject is very clear and it is as laid down in the cases of Sarjudas and Anr. v. State of Gujarat, and State of Punjab v. Baldev Singh, 1999 (6) SCC 172. In the case of Nambi Francis Nwazor, the question whether Section 50 would be applicable if the seizure is from a bag carried by the person did not arise at all. In that case the seized articles were brought from some other place to the place where search took place and then it was held that Section 50 did not apply. The question whether Section 50 would apply if the search and seizure are from a bag being carried by the accused did not arise for consideration. The observations relied upon are mere passing observations which are per-incuriam. Therefore, the law is as set out in the other two judgments.
2. This petition is disposed of with this clarification.