Liyaqat Ali vs Union of India (UOI) and Others

This writ petition, under Article 32 of the Constitution of India, is filed on the basis that in respect of Section 50 of the Narcotic Drugs and Psychotropic Substance Act, 1985 there is a conflict of decision between the case of Namdi Francis Nwazor Vs. Union of India (UOI) and Another, and the cases of Sarjudas and Another Vs. State of Gujarat, and State of Punjab Vs. Baldev Singh, . In our view there is no conflict. Law on the subject is very clear and it is as laid down in the cases of Sarjudas and Another Vs. State of Gujarat, and State of Punjab Vs. Baldev Singh, . In the case of Nambi Francis Nwazor, the question whether Section 50 would be applicable if the seizure is from a bag carried by the person did not arise at all. In that case the seized articles were brought from some other place to the place where search took place and then it was held that Section 50 did not apply. The question whether Section 50 would apply if the search and seizure are from a bag being carried by the accused did not arise for consideration. The observations relied upon are mere passing observations which are per-incuriam. Therefore, the law is as set out in the other two judgments.

This petition is disposed of with this clarification.