TMI Blog2007 (6) TMI 544X X X X Extracts X X X X X X X X Extracts X X X X ..... r no circumstances, be treated as body of a human being. They are given a separate name and are identifiable as such. They cannot even remotely be treated to be part of the body of a human being. Depending upon the physical capacity of a person, he may carry any number of items like a bag, a briefcase, a suitcase, a tin box, a thaila, a jhola, a gathri, a holdall, a carton, etc. of varying size, dimension or weight. However, while carrying or moving along with them, some extra effort or energy would be required. They would have to be carried either by the hand or hung on the shoulder or back or placed on the head. In common parlance it would be said that a person is carrying a particular article, specifying the manner in which it was carried like hand, shoulder, back or head, etc. Therefore, it is not possible to include these articles within the ambit of the word person occurring in Section 50 of the Act. The scope and ambit of Section 50 of the Act was examined in considerable detail by a Constitution Bench in State of Punjab v. Baldev Singh[ 1999 (7) TMI 630 - SUPREME COURT] : 12. On its plain reading, Section 50 would come into play only in the case of a search of a pe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hed the attache case by taking the same from the hands of the accused. When the attachi case was searched, a false bottom made of ply-wood was broken and below it there was a plastic bag containing opium and the same was recovered by the police. Out of it 10 grams of opium was separated as sample and parcels of the same and the remaining bulk were prepared and were sealed with seal bearing inscription RK and a ruqa was sent to the police station for registration of the case and on the basis of the same, investigation was taken up and after completion of the investigation a charge-sheet was filed. 4. In order to prove the guilt of the accused, the prosecution examined five witnesses. 5. After closure of the evidence of the prosecution, the accused was examined under Section 313 of the Code of Criminal Procedure, 1973 (in short the 'Code'), and in defence the accused did not examine any witnesses though he pleaded innocence and false implication. 6. On consideration of the evidence on record, learned Additional Sessions Judge convicted the accused for the offence under Section 18 of the Act and sentenced him to undergo rigorous imprisonment for a period of 10 years a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... has not been defined in the Act. Section 2(xxix) of the Act says that the words and expressions used herein and not defined but defined in the Code of Criminal Procedure have the meanings respectively assigned to them in that Code. The Code, however, does not define the word person . Section 2(y) of the Code says that the words and expressions used therein and not defined but defined in the Indian Penal Code, 1860 have the meanings respectively assigned to them in that Code. Section 11 of the Indian Penal Code says that the word person includes any Company or Association or body of persons whether incorporated or not. Similar definition of the word person has been given in Section 3(42) of the General Clauses Act. Therefore, these definitions render no assistance for resolving the controversy in hand. 12. One of the basic principles of interpretation of Statutes is to construe them according to plain, literal and grammatical meaning of the words. If that is contrary to, or inconsistent with, any express intention or declared purpose of the Statute, or if it would involve any absurdity, repugnancy or inconsistency, the grammatical sense must then be modified, extended or ab ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... would be said that a person is carrying a particular article, specifying the manner in which it was carried like hand, shoulder, back or head, etc. Therefore, it is not possible to include these articles within the ambit of the word person occurring in Section 50 of the Act. 15. The scope and ambit of Section 50 of the Act was examined in considerable detail by a Constitution Bench in State of Punjab v. Baldev Singh (1999) 6 SCC 172 and para 12 of the reports is being reproduced below: 12. On its plain reading, Section 50 would come into play only in the case of a search of a person as distinguished from search of any premises etc. However, if the empowered officer, without any prior information as contemplated by Section 42 of the Act makes a search or causes arrest of a person during the normal course of investigation into an offence or suspected offence and on completion of that search, a contraband under the NDPS Act is also recovered, the requirements of Section 50 of the Act are not attracted. 16. The Bench recorded its conclusion in para 57 of the reports and sub-paras (1), (2), (3) and (6) are being reproduced below: 57. On the basis of the reasoning an ..... X X X X Extracts X X X X X X X X Extracts X X X X
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