STATE OF PUNJAB Vs. BALBIR SINGH

JUDGEMENT

(1.) In almost all the above cases the State of Punjab is the petitioner. The common question that arises for consideration is whether any arrest and search of a person or search of a place without conforming to the provisions of the Narcotic Drugs and Psychotropic Substances Act, 1985 ('NDPS Act' for short), become illegal and consequently vitiate the conviction. The trial court in these cases acquitted the accused on the ground that the arrest, search and seizure were in violation of some of the relevant and mandatory provisions of the NDPS Act. The High Court declined to grant leave to appeal against the said order of acquittal. Questioning the same the State of Punjab has filed these special leave petitions and appeals. In a few cases, the convicted accused also have questioned their convictions on the ground that arrest and trial were illegal. Since a common question arises in all these matters, they are being disposed of by a common judgment.

(2.) The principal contention of Mr. Suri, learned counsel appearing for the State of Punjab is that in all these cases, the police officers effected arrest, search and seizure on reasonable suspicion that a cognizable offence has been committed and not on any prior information that any offence punishable under NDPS Act has been committed and therefore the question of complying with some of the provisions of the NDPS Act in this regard at the time of the said arrest, search and seizure would not arise and as long as such arrest, search and seizure are substantially in accordance with the provisions of Code of Criminal Procedure, such arrest, search and seizure cannot be declared as illegal. The further submission is that even if such arrest, search and seizure are not in strict conformity with the provision of Criminal Procedure, at that stage the same may at the most be irregular and the courts have to consider the prosecution case and appreciate the relevant evidence from that background and should only see whether any prejudice is caused to the accused but cannot throw out the whole prosecution case as such. Several learned counsel appearing for the respondents-accused on the other hand contended that since deterrent punishments are prescribed under the NDPS Act, the Legislature has taken care to incorporate several provisions in Chapter V of the NDPS Act governing the arrest, search and seizure to afford safeguards so that innocent persons are not harassed and these provisions are mandatory in nature and non-compliance of the same vitiates the trial.

(3.) To appreciate the questions involved, it may not be necessary to extract the said provisions in the NDPS Act extensively. Suffice if we give a gist of the said provisions since we are mainly concerned with the comphance of the provisions of Code of Criminal Procedure in respect of arrest, search and seizure subject to the limitations under NDPS Act.