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2021 (4) TMI 703 - SC - Indian LawsSmuggling - poppy straw - requirement of search warrants for conducting raids - public conveyance or not - non-compliance of Section 42 of N.D.P.S. Act - HELD THAT:- The evidence in the present case clearly shows that the vehicle was not a public conveyance but was a vehicle belonging to accused Gurdeep Singh. The Registration Certificate of the vehicle, which has been placed on record also does not indicate it to be a Public Transport Vehicle. The explanation to Section 43 shows that a private vehicle would not come within the expression “public place” as explained in Section 43 of the NDPS Act. On the strength of the decision of this Court in Jagraj Singh alias Hansa [2016 (7) TMI 44 - SUPREME COURT], the relevant provision would not be Section 43 of the NDPS Act but the case would come under Section 42 of the NDPS Act. It is an admitted position that there was total non-compliance of the requirements of Section 42 of the NDPS Act - Total non-compliance of Section 42 is impermissible. The rigor of Section 42 may get lessened in situations dealt with in the conclusion drawn by this Court in Karnail Singh 1 but in no case, total non-compliance of Section 42 can be accepted. Appeal allowed.
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