1999 (8) TMI 946 - SC - Customs

Summary

Issues Involved: Conviction under Section 50 of the NDPS Act 1985 based on possession and transportation of poppy straw without a license.

Summary:
1. The appellant challenged his conviction under Section 50 of the NDPS Act 1985 for possessing and transporting poppy straw without a license. The High Court upheld the conviction after re-evaluating the evidence.

2. The appellant was found on a plastic bag containing 10 Kgs. of poppy straw during a search at Balasore Railway Station. The appellant claimed the bag was not his, but both the trial Court and the High Court determined he was in possession of it. Other defenses raised were dismissed by the High Court.

3. The appellant's counsel argued that the mandatory requirement of Section 50, which involves informing the person to be searched of their rights, was not followed. However, the Court clarified that Section 50 applies to the search of a person, not belongings. Since the appellant was found sitting on the bag containing the illegal substance, the appeal was dismissed.