In Brief
A man was intercepted by narcotics police on a public road (Picnic Garden Road) near Tiljala Falguni Club and found carrying 1.5 kg of charas and Rs. 2,400 in cash. He was convicted under Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act 1985. On appeal, he challenged the seizure, arguing that the police violated Sections 42 and 50 of the Act. The Supreme Court held that because the interception occurred in a public place, Section 43 (not Section 42) applied, so written recording of prior information was not mandatory. The Court also held that Section 50 applied because his person was searched (not just the bag), and the police strictly complied by informing him of his right to be searched before a gazetted officer or magistrate. The appeal was dismissed and conviction upheld.
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