G.T.NANAVATI, J.

(1) THE appellant has been convicted under the NDPS Act as he was found in possession of opium. The High Court has also confirmed the conviction and sentence imposed upon the appellant.

(2) THE only point raised in this appeal is that the mandatory requirement of Section 50 of the Act was not complied with in this case and therefore the conviction of the appellant is illegal. In our opinion, there is no substance in this contention because 1 kg of opium was not found from the person of the appellant but it was found from a bag which was being carried by the appellant. Therefore, this cannot be said to be a case where on search of the person of the accused, a narcotic drug or psychotropic substance was found. In our opinion, the courts below have correctly held that the appellant is guilty of committing the said offence. The appeal is, therefore, dismissed.