In Brief
The appellants were apprehended in a private jeep parked on a public road with 75 kg of poppy straw. The Trial Court and High Court upheld their conviction under Section 15 of the NDPS Act, treating the search as permissible under Section 43 of the Act (seizure in a public place). However, the Supreme Court reversed the convictions. The Court held that a private vehicle, even when on a public road, is not a 'public place' and thus Section 42 (not Section 43) applies. Since the police failed to record the tip-off information in writing or notify their superior before the search—with no satisfactory explanation—there was total non-compliance with Section 42. Such non-compliance renders the search unlawful, making the evidence inadmissible. The appellants were acquitted.
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