STATE OF H P Vs. SUNIL KUMAR
LAWS(SC)-2014-3-77
SUPREME COURT OF INDIA (FROM: HIMACHAL PRADESH)
Decided on
March 05,2014
STATE OF H P
Appellant
VERSUS
SUNIL KUMAR
Respondents
Cited Judgements :-
HARPREET SINGH ALIAS GAHGU VS. STATE OF PUNJAB [LAWS(P&H)-2019-4-358] [REFERRED TO]STATE OF HIMACHAL PRADESH VS. SUNDER SINGH [LAWS(HPH)-2016-6-218] [REFERRED TO]
HARDEEP SINGH VS. STATE [LAWS(DLH)-2022-11-210] [REFERRED TO]
JAI PAL VS. STATE OF U.P. [LAWS(ALL)-2018-1-30] [REFERRED TO]
ABHAYKUMAR VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2019-9-45] [REFERRED TO]
TANVEER AHMAD RATHER VS. UT OF J&K [LAWS(J&K)-2020-10-33] [REFERRED TO]
STATE VS. FAROOQ [LAWS(DLH)-2020-1-175] [REFERRED TO]
NANDKISHORE @ BHIMKUMAR BHAJUMAN SINGH VS. STATE OF MAHARASHTRA [LAWS(BOM)-2018-1-419] [REFERRED TO]
MUHAMMED AMEEN VS. NARCOTIC CONTROL BUREAU [LAWS(KER)-2019-11-311] [REFERRED TO]
CHETAN HARIRAJI PUROHIT VS. STATE OF MAHARASHTRA [LAWS(BOM)-2024-2-125] [REFERRED TO]
ANIRUDDH LAL SRIVASTAVA ALIAS ANULAL VS. STATE OF U.P. [LAWS(ALL)-2019-7-418] [REFERRED TO]
MUHAMMED AMEEN VS. NARCOTIC CONTROL BUREAU [LAWS(KER)-2019-12-307] [REFERRED TO]
CHITARANJAN MANDAL VS. STATE OF CHHATTISGARH [LAWS(CHH)-2014-8-15] [REFERRED TO]
SURESH KUMAR VS. STATE (GOVT. OF NCT OF DELHI) [LAWS(DLH)-2016-2-373] [REFERRED TO]
SANGITA AND ORS. VS. STATE OF SIKKIM [LAWS(SIK)-2016-3-2] [REFERRED TO]
SUMIT KUMAR VS. STATE OF H.P. [LAWS(HPH)-2015-8-43] [REFERRED TO]
SESH RAM VS. STATE OF H.P. [LAWS(HPH)-2015-6-85] [REFERRED TO]
JUDGEMENT
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(1.)The question before us is whether the accidental or chance recovery of narcotic drugs during a personal or body search would attract the provisions of Section 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short the Act). In our opinion, the issue is no longer res integra having been answered in the negative by the Constitution Bench in State of Punjab v. Baldev Singh, 1999 6 SCC 172.
The facts:
(2.)The Respondent Sunil Kumar was travelling in a bus on 9th December, 2000 away from Chamba in Himachal Pradesh. The bus was stopped at Dhundiara Bungalow at about 1.15 p.m. for a 'traffic check' by ASI Joga Singh (PW-13), in-charge of Police Post Banikhet, accompanied by Head Constable Pritam Singh (PW-3), Constable Mazid Mohammad (PW-2) and Constable Des Raj (PW-5) all of whom were acting under the supervision of Gulab Singh (PW-12) the Deputy Superintendent of Police, Dalhousie. A 'traffic check', we were told, means a check for ticketless passengers etc. We were also told that narcotic substances are quite easily available in the Chamba area, but the bus was not stopped for checking the carriage or transportation of any narcotics.
(3.)Be that as it may, during the check, Constable Mazid Mohammad noticed the passenger occupying seat No. 20 (Sunil Kumar) concealing something under his clothes. Therefore, Sunil Kumar was asked to disembark from the bus and then asked to open his trousers. When 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.
The facts:
(2.)The Respondent Sunil Kumar was travelling in a bus on 9th December, 2000 away from Chamba in Himachal Pradesh. The bus was stopped at Dhundiara Bungalow at about 1.15 p.m. for a 'traffic check' by ASI Joga Singh (PW-13), in-charge of Police Post Banikhet, accompanied by Head Constable Pritam Singh (PW-3), Constable Mazid Mohammad (PW-2) and Constable Des Raj (PW-5) all of whom were acting under the supervision of Gulab Singh (PW-12) the Deputy Superintendent of Police, Dalhousie. A 'traffic check', we were told, means a check for ticketless passengers etc. We were also told that narcotic substances are quite easily available in the Chamba area, but the bus was not stopped for checking the carriage or transportation of any narcotics.
(3.)Be that as it may, during the check, Constable Mazid Mohammad noticed the passenger occupying seat No. 20 (Sunil Kumar) concealing something under his clothes. Therefore, Sunil Kumar was asked to disembark from the bus and then asked to open his trousers. When 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.
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