Q. Whether Private Vehicle Is A "Public Place" As Explained In Section 43 NDPS Act ?

A. NO

RELEVANT CASE LAW:

 BOOTA SINGH VS STATE OF HARYANA LL 2021 SC 218

OBSERVED THAT :

A private vehicle would not come within the expression "public place" as explained in Section 43 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

SQ. Whether Total Non-Compliance Of Section 42 Is Permissible ?

A. NO

That total non-compliance of Section 42 is impermissible though its rigor may get lessened in certain situations.

SQ. Suppose In A Case, Recovery Was Effected From The Accused While They Were Sitting On Road In A Jeep At A Public Place. The evidence in the present case clearly shows that the vehicle was not a public conveyance but was a vehicle belonging to accused Gurdeep Singh. The Registration Certificate of the vehicle, which has been placed on record also does not indicate it to be a Public Transport Vehicle. Whether The Case Of Accused Would Be Covered By Section 43 Of NDPS Act Or By Section 42 ?

A. Section 42 deals with Power of ENTRY, SEARCH, SEIZURE AND ARREST without warrant or authorisation,

 while Section 43 with power of SEIZURE AND ARREST in PUBLIC PLACE.

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.

 observed to hold that it was Section 42 which is applicable in this case.