Where a private vehicle is searched in a public place on the basis of prior information received by the detecting officer, Section 43 of the Narcotic Drugs and Psychotropic Substances Act (NDPS Act) is not attracted and compliance with Section 42 is mandatory, observed the High Court of Kerala in Sudin Babu v. State of Kerala [2026:KER:43659].
A private vehicle does not become a “public place” merely because it is intercepted on a public road. Therefore, search and seizure from a private vehicle in transit on the basis of prior information would continue to be governed by Section 42 and not Section 43 of the NDPS Act.
The requirement under Section 42(1) regarding recording of reasons for belief before conducting a search between sunset and sunrise is mandatory, and total non-compliance thereof vitiates the search and seizure proceedings. When there is total non-compliance with Section 42 of the NDPS Act, the accused would be entitled to be released on bail despite Section 37 of the Act stipulates rigorous conditions.
