Section 58: Punishment for vexatious entry, search, seizure or arrest

(1) Any person empowered under section 42 or section 43 or section 44 who–

(a) without reasonable ground of suspicion enters or searches, or causes to be entered or searched, any building, conveyance or place;

(b) vexatiously and unnecessarily seizes the property of any person on the pretence of seizing or searching for any narcotic drug or psychotropic substance or other article liable to be confiscated under this Act, or of seizing any document or other article liable to be seized under section 42, section 43 or section 44; or

(c) vexatiously and unnecessarily detains, searches or arrests any person,

shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend to one thousand rupees, or with both.

(2) Any person wilfully and maliciously giving false information and so causing an arrest or a search being made under this Act shall be punishable with imprisonment for a term which may extend to two years or with fine or with both.

Simplified Explanation

Section 58 of the Narcotic Drugs and Psychotropic Substances Act, 1985 provides penalties for officers or individuals who abuse their powers of search, seizure, or arrest under the Act. This section is designed to protect individuals from unlawful or vexatious actions by law enforcement officers and to ensure that their powers are exercised fairly and within the boundaries of the law.

Text Breakdown and Explanation

Subsection (1): Punishment for vexatious entry, search, seizure, or arrest

• This subsection targets abusive actions by officers empowered under Sections 42, 43, and 44 (officers who are authorized to conduct searches, seizures, and arrests under the Act). These officers are responsible for enforcing the provisions of the Narcotic Drugs and Psychotropic Substances Act. However, their power is not absolute and must be exercised in good faith, based on reasonable grounds, and following proper legal procedures.

The following actions are considered vexatious or unlawful:

1. (a) Without reasonable ground of suspicion enters or searches, or causes to be entered or searched, any building, conveyance or place:
   • This refers to searching or entering someone’s property without having a valid, reasonable suspicion of illegal activity related to narcotics. The law requires that a search or entry must be backed by reasonable grounds, meaning there must be evidence or facts that suggest criminal activity. If an officer enters a property without such justification, it is considered an abuse of power.
2. (b) Vexatiously and unnecessarily seizes the property of any person on the pretense of seizing or searching for any narcotic drug or psychotropic substance or other article liable to be confiscated under this Act:
   • This clause addresses situations where an officer unnecessarily seizes property from a person without justification or reasonable cause. For example, if an officer seizes property or documents under the pretence of it being connected to narcotics or other criminal activity, but the property has no such connection, this action is considered vexatious (unwarranted or malicious).
3. (c) Vexatiously and unnecessarily detains, searches, or arrests any person:
   • Officers must have reasonable grounds to detain, search, or arrest a person. If an officer unnecessarily and maliciously detains or arrests someone without proper cause, this would be an abuse of power. The law requires that these actions are based on reasonable suspicion or evidence, and not driven by malice or improper motives.

Punishment for these actions (Subsection 1):

• If an officer is found guilty of any of the above actions, they may be punished with:
  • Imprisonment for up to 6 months, or
  • A fine up to 1,000 rupees, or
  • Both imprisonment and fine.

This punishment is intended to serve as a deterrent against misuse of authority and to ensure that officers act in good faith when performing their duties.

Subsection (2): Punishment for giving false information leading to an arrest or search

• This subsection addresses situations where an individual deliberately provides false information that causes an arrest or search to be made under the provisions of the Act.

1. Wilfully and maliciously giving false information:
   • This refers to false or misleading information that causes law enforcement officers to act, such as carrying out a search or making an arrest based on that false information. For example, if someone falsely accuses another person of being involved in drug trafficking, leading to an unjust arrest or search, the person who provided the false information is liable for punishment.
2. Punishment for false information:
   • If someone is found guilty of giving false information that leads to an arrest or search, they can be punished with:
     • Imprisonment for up to 2 years, or
     • A fine, or
     • Both imprisonment and fine.

The higher punishment (up to 2 years imprisonment) reflects the seriousness of giving false information that can lead to unlawful actions against innocent individuals.