Punishment for vexatious entry, search, seizure or arrest
Section 58 of the Narcotic Drugs and Psychotropic Substances Act, 1985 deals with punishment for vexatious entry, search, seizure or arrest. Any person empowered under section 42 or section 43 or section 44 who-- (a) without reasonable ground of suspicion enters or searches, or causes to be entered or searched, any building, conveyance or place; The Act came into force on 14 Nov 1985.
(1) Any person empowered under section 42 or section 43 or section 44 who--
(a) without reasonable ground of suspicion enters or searches, or causes to be entered or searched, any building, conveyance or place;
(b) vexatiously and unnecessarily seizes the property of any person on the pretence of seizing or searching for any narcotic drug or psychotropic substance or other article liable to be confiscated under this Act, or of seizing any document or other article liable to be seized under section 42, section 43 or section 44; or
(c) vexatiously and unnecessarily detains, searches or arrests any person,
shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend to one thousand rupees, or with both.
(2) Any person wilfully and maliciously giving false information and so causing an arrest or a search being made under this Act shall be punishable with imprisonment for a term which may extend to two years or with fine or with both.
Section 58, The Narcotic Drugs and Psychotropic Substances Act, 1985 (Act 61 of 1985).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Tofan Singh vs The State of Tamil Nadu through the Ineliigence Officer
Court's Decision & Legal Precedent
Officers designated under Section 53 of the Narcotic Drugs and Psychotropic Substances Act, 1985 are 'police officers' within the meaning of Section 25 of the Indian Evidence Act, 1872. Consequently, any confessional statement made to such officers is barred from being used as evidence under Section 25 of the Evidence Act. Additionally, a statement recorded under Section 67 of the NDPS Act cannot be used as a confessional statement in the trial of an offence under the NDPS Act, as Section 67 is limited to calling for information and examining persons during an inquiry antecedent to investigation, not for recording confessions as substantive evidence.
On this section: Punishment for vexatious entry, search, seizure or arrest by empowered officers
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 58
What have the courts held on Section 58 of the Narcotic Drugs and Psychotropic Substances Act?
Tofan Singh vs The State of Tamil Nadu through the Ineliigence Officer (29 Oct 2020) is the leading judgment on this section among those set out below: Punishment for vexatious entry, search, seizure or arrest by empowered officers.
How do I find court cases under Section 58 of the Narcotic Drugs and Psychotropic Substances Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: NDPS Act 58, section 58 NDPS Act, section 58 of the Narcotic Drugs and Psychotropic Substances Act. People searching for it also type 58 ndps act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Tofan Singh vs The State of Tamil Nadu through the Ineliigence Officer (29 Oct 2020).
What should I read with Section 58 of the Narcotic Drugs and Psychotropic Substances Act, and has it changed?
Its own text turns on section 42 (Power of entry, search, seizure and arrest without warrant or authorisation), section 43 (Power of seizure and arrest in public place), section 44 (Power of entry, search, seizure and arrest in offences relating to coca plant, opium poppy and cannabis plant), so none of them can safely be read on its own.
When did Section 58 of the Narcotic Drugs and Psychotropic Substances Act come into force?
Section 58 of the Narcotic Drugs and Psychotropic Substances Act, cited as NDPS Act 58, came into force on 14 Nov 1985, having been enacted on 16 Sep 1985. It is in force as at the date shown on this page.
Other sections of this Act
- 2. Definitions1747 words
- 68B. Definitions819 words
- 9. Power of Central Government to permit, control and regulate816 words
- 36A. Offences triable by Special Courts631 words
- 10. Power of State Government to permit, control and regulate568 words
- 42. Power of entry, search, seizure and arrest without warrant or authorisation507 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 19 Oct 2026. This page is not a substitute for legal advice.