SC: Pvt vehicle not to be within public space ambit

A private vehicle does not come within the expression of a “public place” as per the explanation given under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, the Supreme Court has said.

NEW DELHI:A private vehicle does not come within the ambit of a “public place” as per the explanation given under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, the Supreme Court has said. A Bench comprising justices U U Lalit and K M Joseph made the observation while deciding an appeal challenging an order passed by the Punjab and Haryana High Court affirming their conviction and sentence under the NDPS Act. Two bags of poppy straw were recovered from the accused while they were sitting in a jeep at a public place.

A bench comprising justices U U Lalit and K M Joseph made the observation while deciding an appeal challenging an order passed by the Punjab and Haryana High Court affirming their conviction and sentence under the NDPS Act.

Two bags of poppy straw were recovered from the accused while they were sitting in a jeep at a public place.

The trial court, after considering the evidence on record, acquitted accused Major Singh but convicted accused Boota Singh, Gurdeep Singh and Gurmohinder Singh, under the NDPS Act and sentenced them to rigorous imprisonment for 10 years.

They were also asked to pay a fine of Rs 1 lakh, failing which they were directed to undergo further rigorous imprisonment for two years.

The accused argued before the top court that the vehicle in question was a private one belonging to accused Gurdeep Singh and was not a public conveyance, though it was parked on a public road.

The apex court held that the evidence in the present case clearly shows that the vehicle was not a public conveyance but a private one belonging to Gurdeep Singh, and acquitted the accused as they were charged under the wrong section.

The explanation to Section 43 shows that a private vehicle would not come within the expression ‘public place’ as explained in Section 43 of the NDPS Act.

Section 43 of the NDPS deals with the power of seizure and arrest in a public place.