1998 INSC 0680
                                                      Sayar Puri

                                                           Vs

                                                  State of Rajasthan

                                        Criminal Appeal No. 224 of 1997

                                       (G. T. Nanavati, S. P. Kurdukar JJ)

                                                      02.09.1998

                                                     JUDGMENT

NANAVATI, J.

1. The appellant has been convicted under Section 8 read with Section 18 of the NDPS Act, 1985 as
he was found in possession of opium. He is challenging his conviction in this appeal.

2. The contention raised on behalf of the appellant is that no site plan was prepared by the police to
prove that the place where the appellant was found sitting was a part of the public road. In our
opinion this contention is misconceived. The police officers who were examined in this case and
also the panch witnesses have stated that the accused was found sitting on a bench on the Mandia
Road. Thus the accused was found sitting on a public road and, therefore, neither the procedure
under Section 42(2) of the Act was required to be followed nor was the site plan required to be
prepared. Another contention raised by the appellant is that the requirements of Section 50 of the
Act have not been strictly complied with. We find no substance in this contention. Section 50
prescribes the manner in which the search of the person shall be conducted. No breach of any
particular condition has been pointed out. Moreover, we find that PW 1 has stated in his evidence
that he had complied with those conditions. PW 1 had informed the appellant about his rights. He
has further stated that the appellant had told him that he had no objection if he was searched by him.

3. The appeal is, therefore, dismissed.