Any officer of any of the departments mentioned in section 42 may—
(a) seize in any public place or in transit, any narcotic drug or psychotropic substance or controlled substance in respect of which he has reason to believe an offence punishable under this Act has been committed, and, along with such drug or substance, any animal or conveyance or article liable to confiscation under this Act, and any document or other article which he has reason to believe may furnish evidence of the commission of an offence punishable under this Act or any document or other article which may furnish evidence of holding any illegally acquired property;
(b) detain and search any person whom he has reason to believe to have committed an offence punishable under this Act, and if such person has any narcotic drug or psychotropic substance or controlled substance in his possession and such possession appears to him to be unlawful, arrest him and any other person in his company.
Explanation.— For the purposes of this section, the expression "public place" includes any public conveyance, hotel, shop, or other place intended for use by, or accessible to, the public.
Legal Commentary & Landmark Judgments: Section 43
Section 43 authorizes the seizure of illicit drugs and arrest of suspects in public places or transit without a warrant.
However, police often mistakenly rely on Section 43 when raiding private cars, leading to trial collapse under the Boota Singh doctrine.
Section 43 facilitates rapid transit intercepts on highways, railway stations, and bus terminals. However, police often mistakenly rely on Section 43 when raiding private cars, leading to trial collapse under the Boota Singh doctrine.