1[43. Power of seizure and arrest in public place. — Any officer of any of the departments mentioned in section 42 may
(a) seize in any public place or in transit, any narcotic drug or psychotropic substance or controlled substance in respect of which he has reason to believe an offence punishable under this Act has been committed, and, along with such drug or substance, any animal or conveyance or article liable to confiscation under this Act, any document or other article which he has reason to believe may furnish evidence of the commission of an offence punishable under this Act or any document or other article which may furnish evidence of holding any illegally acquired property which is liable for seizure or freezing or forfeiture under Chapter VA of this Act;
(b) detain and search any person whom he has reason to believe to have committed an offence punishable under this Act, and if such person has any narcotic drug or psychotropic substance or controlled substance in his possession and such possession appears to him to be unlawful, arrest him and any other person in his company.
Explanation.— For the purposes of this section, the expression “public place” includes any public conveyance, hotel, shop, or other place intended for use by, or accessible to, the public.]
1. Subs. by Act 9 of 2001, s. 19, for sections 41 to 43 (w.e.f. 2-10-2001).
Simplified Explanation
Section 43 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) grants law enforcement officers the authority to seize narcotic drugs, psychotropic substances, or controlled substances and arrest individuals involved in such offenses in public places. This provision is vital for enabling officers to act promptly when they encounter drug-related activities in public areas, such as streets, markets, or transport systems.
Here’s a detailed breakdown of the section:
Subsection (1): Powers of Seizure in Public Places
This part of the section empowers officers of various government departments (like those in customs, narcotics, excise, police, and other authorized departments) to take specific actions if they have reason to believe that an offense under the NDPS Act has been committed.
- Seizure in Public Places or Transit: Officers can seize narcotic drugs, psychotropic substances, or controlled substances that are found in public places or in transit (e.g., while being transported from one place to another).
- Related Items Seized: Along with the drugs or substances, officers can seize any animal, conveyance (vehicle), or article that they believe is liable for confiscation under the Act.
- They can also seize documents or articles that may provide evidence of the commission of an offense or illegally acquired property that may be subject to seizure, freezing, or forfeiture under Chapter VA of the Act.
Subsection (2): Powers of Detainment, Search, and Arrest
This subsection grants additional powers to officers in public places:
- Detain and Search Persons: If an officer has reason to believe that a person has committed an offense under the NDPS Act, they can detain and search that person in a public place.
- Arrest and Seizure of Illegal Possessions:
- If the detained person is found to be in possession of narcotic drugs, psychotropic substances, or controlled substances, and the possession is deemed unlawful, the officer may arrest that person.
- The officer may also arrest any other person who is accompanying the detained individual if there is a reasonable belief that they are involved in the offense.
Explanation: Definition of “Public Place”
The section provides clarity on the term “public place”, stating that it includes:
- Public conveyances (e.g., buses, trains, or any transport accessible to the public),
- Hotels,
- Shops, and
- Other places that are intended for use by the public or are accessible to the public.
Key Points to Note
- Seizure in Public Places or Transit: Officers can seize illegal substances found in public areas or while in transit, along with other items that may be linked to criminal activity.
- Powers of Arrest in Public: If a person is found to be in unlawful possession of narcotics or psychotropic substances in public, the officer has the authority to detain, search, and arrest them.
- Public Places Defined: The definition of “public place” is broad, covering various locations where the public has access, such as public transport and commercial establishments.
- Arrest of Accompanying Persons: Officers can arrest others accompanying the person in possession of illegal substances if there is a reasonable belief that they are involved in the offense.
Purpose of Section 43
This section is designed to give law enforcement officers the necessary authority to act swiftly and decisively against drug-related crimes that may occur in public spaces. It ensures that officers can seize illegal substances and make arrests in public places or during transit, without needing to wait for a warrant or authorization, as long as they have reasonable grounds to believe an offense has been committed. This provision is crucial for deterring drug trafficking and possession in areas where public safety might be compromised.
