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Volume No - 13 Issue No - 16
The explanation to Section 43 shows that a private vehicle would not come within the expression â€œpublic placeâ€ as explained in Section 43 of the NDPS Act. The courts below fell in error in rejecting the submissions advanced on behalf of the appellants. We, therefore, allow this appeal, set-aside the view taken by the High Court and acquit the appellants of the charge levelled against them. The appellants be released forthwith unless their custody is required in connection with any other offence.