NEW DELHI: The Supreme Court on Friday declared that a private vehicle would not come within the expression of a public place as per the explanation given under the NDPS Act.
The top court observed that the explanation to Section 43 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act shows that a private vehicle would not come within the expression of ‘public place’.
The observation was made by the apex court in a judgment on an appeal challenging the final order passed by the Punjab and Haryana high court in Chandigarh in March last year, dismissing a plea by the appellants and affirming their conviction and sentence under Section 15 of the NDPS Act, 1985.
In that case, recovery was made from the accused while they were in a jeep at a public place. The high court held that the case of the accused would be covered by Section 43 of NDPS Act and not by Section 42.
Section 42 deals with power of entry, search, seizure and arrest…
