Section 49: Power to stop and search conveyance

Any officer authorised under section 42, may, if he has reason to suspect that any animal or conveyance is, or is about to be, used for the transport of any narcotic drug or psychotropic substance 1[or controlled substance], in respect of which he suspects that any provision of this Act has been, or is being, or is about to be, contravened at any time, stop such animal or conveyance, or, in the case of an aircraft, compel it to land and–

(a) rummage and search the conveyance or part thereof;

(b) examine and search any goods on the animal or in the conveyance;

(c) if it becomes necessary to stop the animal or the conveyance, he may use all lawful means for stopping it, and where such means fail, the animal or the conveyance may be fired upon.

1. Ins. by Act 9 of 2001, s. 21 (w.e.f. 2-10-2001).

Simplified Explanation

Section 49 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) grants specific law enforcement officers the authority to stop and search vehicles, animals, or even aircraft if they suspect they are being used to transport narcotic drugs, psychotropic substances, or controlled substances in violation of the Act. This provision is an important tool for law enforcement to prevent the trafficking and smuggling of illegal drugs.

Key Points of Section 49

1. Authority to Stop and Search:
   • Officers authorized under Section 42 of the Act, which includes officers from various government departments such as police, customs, and narcotics, are empowered to stop and search any animal, vehicle, or conveyance (including aircraft) if they have reasonable suspicion that it is involved in the transport of narcotics or psychotropic substances.
2. Conditions for Action:
   • The officer must have reason to suspect that the conveyance or animal is being, or is about to be, used for transporting illegal drugs or substances. This suspicion must be based on either:
     • The contravention of the Act, or
     • The ongoing or imminent commission of an offence under the Act.
3. Methods of Search:
   • Upon stopping the conveyance or animal, the officer is authorized to:
     • Rummage and search the conveyance or part of it.
     • Examine and search any goods found on the animal or inside the conveyance.
   • These powers help the officer identify and seize any illegal drugs or substances being transported.
4. Use of Force if Necessary:
   • If the officer cannot stop the conveyance or animal by normal means, they are permitted to use all lawful means to stop it. This can include actions such as firing upon the conveyance in extreme situations, which reflects the seriousness of the offense and the threat of drug trafficking.
5. Aircraft:
   • In the case of aircraft, the officer can even compel it to land for a search, emphasizing the critical importance of preventing air transport of narcotics.

Why Section 49 is Important

• Preventing Trafficking: This provision allows officers to intercept drug trafficking in its early stages by stopping and searching conveyances that are suspected of carrying illegal substances.
• Swift Action: The law enables quick, proactive action by law enforcement to prevent the transportation of narcotics, especially in cases where they suspect the drugs are about to be moved across borders or between regions.
• Protection of Public and Security: The use of force (such as firing on the conveyance if necessary) is authorized when there is significant resistance or when public safety is at risk. This is a last-resort measure meant to stop the transport of dangerous drugs.
• Interception at Multiple Points: This section empowers officers to act at various entry points (e.g., land, sea, and air), ensuring comprehensive coverage against trafficking.

Summary

Section 49 empowers authorized officers to stop and search any conveyance, animal, or aircraft suspected of being used to transport narcotic drugs, psychotropic substances, or controlled substances. If the officer has reason to believe the Act is being contravened, they can search the conveyance, examine goods, and use reasonable force, including firing upon the conveyance if necessary. This provision is critical for preventing drug trafficking and ensuring the effective enforcement of the NDPS Act.