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TMI Blog2007 (6) TMI 544X X X X Extracts X X X X X X X X Extracts X X X X ..... , 1985 (in short the 'Act') and sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs. 1,00,00/- with default stipulations. 2. The High Court directed acquittal on the ground that there was non-compliance with the mandatory requirements of Section 50 of the Act. 3. Background facts in a nutshell are as follows. The case of the prosecution is that on 01.04.1987, the patrolling party consisting of the sub-inspector and two assistant sub-inspectors and four constables were present at Rohtak. At about 5.10 a.m. a bus of Haryana Roadways came from Delhi and the same was stopped by patrolling party. The accused-respondent, Suresh was also one of the passengers travelling in the bus with an attachi-case. The Su ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... arned Counsel for the appellant-State submitted that the High Court's judgment is unsustainable in view of several decisions of this Court taking the view that Section 50 of the Act relates only to a personal search and not of bags or containers carried by the accused. 8. There is no appearance on behalf of the respondent. 9. The controversy turns round Section 50 of the Act and the same (at the relevant time) reads as under: "Conditions under which search of persons shall be conducted: (1) When any officer duly authorized under Section 42 is about to search any person under the provisions of Section 41, Section 42 or Section 43, he shall, if such person so requires, take such person without unnecessary delay to the nearest Gazett ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al 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 accord ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r ordinary, natural and grammatical meaning. If, however, such a reading leads to absurdity and the words are susceptible of another meaning the Court may adopt the same. But if no such alternative construction is possible, the Court must adopt the ordinary rule of literal interpretation." 13. A catena of subsequent decisions have followed the same line. It, therefore, becomes necessary to look to dictionaries to ascertain the correct meaning of the word "person". 14. A bag, briefcase or any such article or container, etc. can, under 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ra 57 of the reports and sub-paras (1), (2), (3) and (6) are being reproduced below: "57. On the basis of the reasoning and discussion above, the following conclusions arise: (1) That when an empowered officer or a duly authorized officer acting on prior information is about to search a person, it is imperative for him to inform the person concerned of his right under Sub-section (1) of Section 50 of being taken to the nearest gazetted officer or the nearest Magistrate for making the search. However, such information may not necessarily be in writing. (2) That failure to inform the person concerned about the existence of his right to be searched before a gazetted officer or a Magistrate would cause prejudice to an accused. (3) That ..... X X X X Extracts X X X X X X X X Extracts X X X X
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