Keywords : Powers of Search, Seizure, and Arrest in Public Places

Abstract : The Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) is a stringent penal statute enacted to combat drug trafficking and abuse in India. Among its various provisions, Sections 41 to 43 deal with the powers of search, seizure, and arrest. While Sections 41 and 42 impose strict procedural safeguards, Section 43 governs searches conducted in public places and grants comparatively wider discretionary powers to law enforcement agencies. This paper critically examines Section 43 of the NDPS Act, its scope, interpretation, and distinction from Sections 42 and 50. It also analyzes key judicial pronouncements that have shaped the application of Section 43 and evaluates concerns regarding misuse and procedural fairness.

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