AIROnline 2021 SC 1177

Supreme Court Of India

Hon'ble Judge(s): Indira Banerjee, J. K. Maheshwari , JJ

(A) Narcotic Drugs and Psychotropic Substances Act (61 of 1985) , S.21, S.43— Illegal possession of smack - Search and seizure - Public places - On search of motorcycle driven by accused, polythene bag found hidden beneath seat of motorcycle, containing 900 grams of brown substance resembling smack - After 900 gm of smack was seized, sample memos were prepared as per departmental witnesses - Search and seizure made from vehicle of accused, by way of chance recovery from public road - Provisions of S. 43 would apply - Recovery made by raiding officer cannot be doubted - Conviction, proper. (Para 11) (B) Narcotic Drugs and Psychotropic Substances Act (61 of 1985) , S.21, S.43— Illegal possession of smack - Search and seizure - Plea of accused that seizure of contraband from motorcycle cannot be connected to prove guilt of accused - Members of patrolling team and witnesses of seizure, proved beyond doubt about seizure of contraband from vehicle driven by accused - Recovery of contraband from motorcycle of accused was chance recovery on public road - Accused was unable to show any deficiency in following procedure of search and seizure - Question of ownership of vehicle not relevant - Conviction, proper. (Para 12) ....