Private vehicle not 'public place' under NDPS Act: SC

The Supreme Court declared that a private vehicle will not come within the expression of a "public place" under the Narcotics Drug and Psychotropic Substances (NDPS) Act and hence, officials cannot search it without warrants or recording reasons for the same.

In a judgement delivered on Friday, a bench of Justices U U Lalit and K M Joseph allowed an appeal filed by three persons against the Punjab and Haryana High Court order. The top court set aside the judgement which had affirmed their conviction and 10 years' rigorous imprisonment with Rs 1 lakh fine, after the three were allegedly found with 75 kg poppy straw in their jeep.

The court noted that as per Section 42 of the NDPS Act, the raiding officials have to record the reasons for searching a private vehicle, which they didn't do in the instant case.

The officials claimed that the vehicle was parked in a public place, i.e. road, allowing them to search it without warrants or recording reasons. They cited Section 43 of the Act to argue that if a public conveyance is searched in a public place, the officer is not required to record the reason, as contemplated by the proviso to Section 42.

The top court rejected their contention. "The evidence in the present case clearly shows that the vehicle was not a public conveyance but was one belonging to the accused (Boota Singh and two others). The Registration Certificate of the vehicle also does not indicate it to be a public transport vehicle," it said.

It further pointed out that the explanation to Section 43 showed that a private vehicle will not come within the expression of “public place”.

The court noted that there was total noncompliance of the statutory requirement under Section 42, and thus, the accused were entitled for release.

"We allow this appeal, set aside the view taken by the high court and acquit the appellants of the charge. They will be released forthwith unless their custody is required in connection with any other offence," the bench said.