Rajasthan Judicial pre 2018

A private vehicle proceeding on a Highway, suspected to be carrying psychotropic drugs, may be searched by:

Verified Answer
A. A Head Constable posted in the Police Station concerned
B. A Sub-Inspector posted in some other District
C. The Deputy Superintendent of Police or officer-in-charge of police station of the area concerned
D. All of the above

Explanation:

Under Section 43 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985, any officer of the departments mentioned in Section 42 (which includes police officers) can, without any warrant or authorization, seize any narcotic drug or psychotropic substance found in any public place or in transit, and also search any person or conveyance. A highway is a public place. Therefore, a Head Constable, a Sub-Inspector, or a Deputy Superintendent of Police (or officer-in-charge of a police station) are all empowered to conduct such a search.