1999 (10) TMI 759

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..... 43 of the NDPS Act. 2. The evidence clearly establishes that the appellant had booked a room in Hotel Safari and that he was in occupation thereof. The evidence also establishes that on 1-12-1991 at about 6.30 p.m, the appellant was in possession of the key of that room and with that key he had opened the room, when he was called upon by the officers of the Narcotics Bureau to do so. It was fr .....

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..... s intended for use by, or accessible to, the public. Merely because a customer is allowed to occupy a room in the hotel, it would not cease to be a hotel. Even after occupation by a customer it would remain a hotel and not a private property of the occupier. It would not cease to be a public place as contemplated by Section 43. For that reason, we cannot accept the contention that because the raid .....

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