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1999 (8) TMI 946

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..... inding that he did possess and transport poppy straw without a licence. The High Court has confirmed his conviction after re appreciating the evidence. 2. It was not in dispute that the appellant was travelling by Howrah-Puri Sri Jaganath Express on the night between 18-9-1991 and 19-9-1991 and that when the train had arrived at platform No. 1 of the Balas ore Railway Station and it was searched .....

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..... about his right to be examined in presence of a Magistrate or a Gazetted Officer was not complied with in this case. This contention is really misconcieved. In this case it was not the person of the appellant which was searched. He was found sitting on a plastic bag which belonged to him and which contained poppy straw. As pointed out by this Court in State of Punjab v. Baldev Singh Section 50 wo .....

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