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Section 44: Power of entry, search, seizure and arrest in offences relating to coca plant, opium poppy and cannabis plant

Narcotic Drugs and Psychotropic Substances Act, 1985 • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1985
Section 43 All 83 Sections of Narcotic Drugs and Psychotropic Substances Act, 1985 Section 45

Legal Commentary & Landmark Judgments: Section 44

Section 44 of the NDPS Act extends the comprehensive powers of entry, search, seizure, and arrest conferred by Sections 41, 42, and 43 to all offences relating to the illegal cultivation, gathering, and production of coca plant, opium poppy, and cannabis plant.

  • Extension of Search and Arrest Powers: Applies all procedural mechanisms of Section 41 (warrants/authorization), Section 42 (search without warrant), and Section 43 (public place seizure) to illicit plant cultivation offences.
  • Subject-Matter Coverage: Specifically encompasses illegal cultivation, gathering of leaves, and processing of coca plant, opium poppy, and cannabis plant.
  • Inbuilt Procedural Safeguards: The invocation of Section 44 strictly incorporates the mandatory safeguards of Sections 41, 42, and 50, requiring recording of grounds of belief and timely transmission to superiors.
Key Landmark Precedents:
  • State of Punjab v. Baldev Singh (1999) 6 SCC 172 (Constitution Bench): A 5-Judge Constitution Bench held that search and seizure provisions under Chapter V form an integrated code of statutory safeguards, non-compliance with which prejudices the accused and vitiates the conviction.
  • Sujan Singh v. State of Haryana 2002 (3) RCR (Cri) 641 (P&H): The High Court ruled that an officer entering agricultural land to seize poppy crops under Section 44 must record secret information in writing under Section 42(1) and dispatch it within statutory time limits to the official superior.
Courtroom Practice & Strategic Litigation Guidance:

In agricultural and crop seizure cases, cross-examine the investigating officer on Section 42 compliance imported through Section 44. If secret information about illegal poppy or cannabis cultivation was received but not reduced to writing prior to raiding the field, argue fatal procedural violation under Karnail Singh and Baldev Singh.

Section 43 All 83 Sections of Narcotic Drugs and Psychotropic Substances Act, 1985 Section 45