Any officer authorised under section 42, may, if he has reason to suspect that any animal or conveyance is, or is about to be, used for the transport of any narcotic drug or psychotropic substance or controlled substance, in respect of which he suspects that any provision of this Act has been, or is being, or is about to be, contravened at any time, stop such animal or conveyance, or, in the case of an aircraft, compel it to land and—
(a) rummage and search the conveyance or part thereof;
(b) examine and search any goods on the animal or in the conveyance;
(c) if it becomes necessary to stop the animal or the conveyance, he may use all lawful means for stopping it, and where such means fail, the animal or the conveyance may be fired upon.
Legal Commentary & Landmark Judgments: Section 49
Section 49 of the NDPS Act empowers authorized officers who have reason to suspect that any animal, vehicle, vessel, or aircraft is being used for transporting contraband to stop, detain, rummage, and search the conveyance, and to use lawful force if it fails to halt.
In vehicular transit seizures under Section 49, immediately raise the Boota Singh defense: if the vehicle was private (car, jeep, truck), the police cannot treat it as an open public place under Section 43. Failure to record secret information in writing under Section 42(1) and dispatch within 72 hours under Section 42(2) renders the entire recovery illegal, entitling the accused to bail and acquittal.