Judgement

JUDGMENT :- The appellant is questioning in this appeal his conviction by the trial Court under Section 50 of the NDPS Act 1985 based upon the finding that he did possess and transport poppy straw without a licence. The High Court has confirmed his conviction after reappreciating 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 Balasore Railway Station and it was searched by PW-1 and the Officers accompaning him. The appellant was found lying on a plastic bag in one of the compartments of that train. The said plastic bag was then seized and on verification, it was found containing 10 Kgs. of poppy straw. The only defence raised by the appellant was that the said plastic bag was not found from his possession. The trial Court and the High Court after appreciating the evidence of PW-1 and PW-4 has held that the appellant was in possession of that plastic bag. Some other points were also raised before the High Court but the High Court did not find any substance therein.

3. What is now contended by the learned coun