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Supreme Court of India 2023-10-06 dismissed

Ranjan Kumar Chadha vs STATE OF HIMACHAL PRADESH

Bench: 2 — M.M. Sundresh, J.B. Pardiwala

In Brief

An appellant convicted of possessing charas (hashish) challenged his conviction under Section 20 of the NDPS Act, arguing that Section 50 protections were violated. The High Court had overturned an acquittal and convicted him, finding that Section 50 did not apply because recovery came from a bag he carried, not from his person. The Supreme Court dismissed the appeal, confirming that Section 50 applies exclusively to personal body searches and does not extend to bags or containers carried by the accused, regardless of immediate possession. The Court adhered to settled principles that the term "person" means the human body with clothing, not external articles, and non-compliance with Section 50 does not vitiate recoveries from baggage or vehicles.

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Narcotic Drugs and Psychotropic Substances Act Section 50 NDPS Act Criminal Procedure Search and Seizure Personal Search Drugs Trafficking Evidence Mandatory Compliance

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