TMI Blog2014 (3) TMI 1164X X X X Extracts X X X X X X X X Extracts X X X X ..... [ 1994 (3) TMI 173 - SUPREME COURT ] the personal search of Sunil Kumar resulting in the recovery of contraband did not violate Section 50 of the Act - Reliance was placed by the learned counsel on para 25 in Balbir Singh which was also endorsed by the Constitution Bench. It was submitted that it is only after a chance or accidental recovery of any narcotic drug or psychotropic substance by any police officer that the provisions of the Act would come into play. It is then that the empowered officer should be informed and that empowered officer should thereafter proceed to investigate the matter in accordance with the provisions of the Act. Meaning of chance recovery - HELD THAT:- The expression chance recovery has not been defined any ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... conducted, the provisions of section 50 of the Act ought to have been complied with. The recovery of charas on the body or personal search of Sunil Kumar was clearly a chance recovery and, in view of Baldev Singh, it was not necessary for the police officers to comply with the provisions of section 50 of the Act. The decision of the trial court convicting Sunil Kumar for an offence punishable under Section 20 of the Act is upheld - appeal allowed. - Criminal Appeal No. 1101 of 2005 - - - Dated:- 5-3-2014 - Ranjana P. Desai And Madan B. Lokur, JJ. Suryanarayana Singh, Additional Advocate General (Ms Pragati Neekhra, Advocate), for the Appellant; Debasis Misra and R.P Vyas (Amicus Curiae), Advocates, for the Respondent. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n he did so, the police officers found a polythene envelope tied below his belly with the help of a parna (piece of cloth). The polythene envelope was opened and was found to contain what looked like charas. 4. Steps were taken by the police officers to weigh and seize the item recovered as well as to seal necessary samples for the purpose of examination. We are not concerned with the correctness of this procedure, since there is no dispute about it. Suffice it to say that the item recovered was found to be charas weighing about 2.300 kilos. 5. On these broad facts Sunil Kumar was prosecuted for conscious possession of a narcotic substance and was prosecuted for an offence punishable under Section 20 of the Act. Decision of the t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s attracted the provisions of section 50 of the Act and Sunil Kumar ought to have been given an option of being searched before a gazetted officer or a Magistrate in compliance with Section 50 of the Act. Since this option was not given, the conviction and sentence imposed upon Sunil Kumar was not justified. 9. Accordingly, the appeal filed by Sunil Kumar was allowed by the High Court. Chance recovery 10. The State is in appeal against the acquittal of Sunil Kumar and the broad submission is that the recovery of charas from him was a chance recovery. Under these circumstances, in view of the Constitution Bench decision in Baldev Singh which endorsed the view taken in State Of Punjab v. Balbir Singh. 1994 3 SCC 299 the personal sear ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tigation in accordance with the other provisions of the NDPS Act. 12. In view of the opinion expressed by the trial court and the High Court, we need to firstly understand what a chance recovery is. The next question would be whether the provisions of section 50 of the Act would apply when there is a chance recovery. 13. The expression chance recovery has not been defined anywhere and its plain and simple meaning seems to be a recovery made by chance or by accident or unexpectedly. In Mohinder Kumar v. State 1998 8 SCC 655 this Court considered a chance recovery as one when a police officer stumbles on narcotic drugs when he makes a search. In Sorabkhan Gandhkhan Pathan v. State of Gujarat 2004 13 SCC 608 the police officer, wh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aised or canvassed before the trial court or the High Court or even before us, although it has been adverted to in the written submissions by the learned counsel assisting us on behalf of Sunil Kumar. Applicability of Section 50 of the Act 17. As far as the applicability of Section 50 of the Act in a chance recovery is concerned, the issue is no longer res integra in view of the decision of the Constitution Bench in Baldev Singh. 18. It is true that Sunil Kumar behaved in a suspicious manner which resulted in his personal search being conducted after he disembarked from the bus. However, there is no evidence to suggest that before he was asked to alight from the bus, the police officers were aware that he was carrying a narcotic dr ..... X X X X Extracts X X X X X X X X Extracts X X X X
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