Intoxicants

Narcotic Drugs and Psychotropic Substances Act, 1985

— S. 50 — Applicability of — Recovery of contraband article from plastic bag carried by accused at the relevant time — In view of Pawan Kumar, (2005) 4 SCC 350, held, S. 50 not applicable in such a case — Further held, observations made in Namdi Francis Nwazor, (1998) 8 SCC 534 that if the accused is carrying a handbag or the like and the incriminating article is found therefrom, it would still be a search of the person of the accused requiring compliance with S. 50, is merely an obiter and does not constitute the ratio decidendi — Hence, Namdi Francis Nwazor, (1998) 8 SCC 534 was correctly distinguished in Pawan Kumar, (2005) 4 SCC 350, (2006) 5 SCC 167-A

Precedents

Generally

— Held, a decision is an authority for what it decides and not what can logically be deduced therefrom, (2006) 5 SCC 167-B

Precedents

Obiter

— Meaning and binding effect of, (2006) 5 SCC 167-C