S.42 NDPS Act Not Applicable To Vehicle "In Transit", Not Mandatory To Obtain Warrant Even If Search Conducted After Sunset: P&H High Court

The Punjab & Haryana High Court has highlighted that Section 42 of the NDPS Act which deals with Power of entry, search, seizure and arrest without warrant or authorization relates only to search of a building, conveyance or enclosed place and includes 'parked vehicles'. Another material distinction between search of a building, conveyance or enclosed place conducted under provisions of Section 42 of the Act and a search of a vehicle in 'transit' in terms of Section 43 of the Act is that in case of a search of vehicle in transit there is no requirement of obtaining any search warrant even if search is conducted after sunset by a non-gazetted officer unlike a case of search of a building, conveyance or an enclosed place. Regarding violation of Section 42 which deals with power of entry, search, seizure and arrest without warrant or authorisation and Section 43 which deals with power of seizure and arrest in public place, the court held that there is a distinction between search of a building, conveyance or enclosed place conducted under provisions of Section 42 of the Act and a search of a vehicle in 'transit' in terms of Section 43 of the Act. However, the limitations imposed by Section 37 of the Act in the matter of grant of bail have also to be borne in mind, wherein it is specifically provided that any person accused of possessing commercial quantity of contraband is not to be released on bail, unless the following two conditions are satisfied :- that the Court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence; and that he is not likely to commit any offence while on bail.