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STATE OF HIMACHAL PRADESH vs. PAWAN KUMAR

SCR Citation: [2005] 3 S.C.R. 417
Year/Volume: 2005/ Volume 3
Date of Judgment: 08 April 2005
Petitioner: STATE OF HIMACHAL PRADESH
Disposal Nature: Appeals Allowed
Neutral Citation: 2005 INSC 193
Judgment Delivered by: Hon'ble Mr. Justice G.P. Mathur
Respondent: PAWAN KUMAR
Case Type: CRIMINAL APPEAL /222/1997
Order/Judgment: Judgment
1. Headnote

Narcotic Drugs and Psychotropic Substances Act, 1985-Section 50- Applicability of-Held: The provision is applicable only in the case of personal search of the accused and not of any bag, briefcase, article or container; etc., being carried by him-Contra interpretation would lead to many practical difficulties-A statute should be so interpreted as to avoid unworkable or impracticable results. Interpretation of Statutes-Literal construction-Held: Statutes should be construed according to plain, literal and grammatical meaning of the words-Onus of showing that the words do not mean what they say lies heavily on the party who alleges it. Words and Phrases : "Search of person" and "person "-Meaning of -In context to Section S. 50(1) of the Narcotic Drugs and Psychotropic Substances Act, 1985. "lnextricable"-Meaning of The question for consideration in the present appeals is as to whether the safeguards provided by Section 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (the NDPS Act) regarding search of any "person" would also apply to any bag, briefcase or any such article or container etc., which is being carried by him. 

2. Case referred
3. Act
      No Data Found!!!!!
4. Keyword
  • Narcotic Drugs and Psychotropic Substances Act
  • 1985-Section 50
5. Equivalent citation
    Citation(s) 2005 AIR 2265 = 2005 (4) SCC 350 = 2005 (4) Suppl. SCC 350 = 2005 (4) JT 373 = 2005 (4) Suppl. JT 373 = 2005 (4) SCALE 1