Section 43 of NDPS Act, 1985 : Section 43: Power Of Seizure And Arrest In Public Place

Explanation using Example

An example of the application of Section 43 of The Narcotic Drugs and Psychotropic Substances Act, 1985 could be as follows:

Imagine a scenario where a police officer is patrolling a busy train station, which is a public place. The officer notices an individual acting suspiciously and carrying a small bag that seems to be carefully concealed. The officer approaches the individual and has reason to believe, based on the person's behavior and other indicators, that the individual might be carrying illegal substances.

Invoking the power granted by Section 43, the officer detains the individual for a search. Upon searching, the officer finds a quantity of a substance that appears to be heroin, a controlled narcotic drug. The officer seizes the substance, along with the bag it was contained in, and arrests the individual as the possession appears to be unlawful. The officer also seizes the individual's mobile phone, which could contain evidence related to drug trafficking.

The officer's actions demonstrate the use of Section 43, which allows officers to seize drugs and arrest individuals in public places when there is reason to believe an offence under the Act has been committed.