The main legal point established in the judgment is the mandatory nature of compliance with the provisions of the Narcotics Drugs and Psychotropic Substances Act, particularly Section 42 and 50, and the importance of proper sampling and safe custody of seized substances.

JUDGMENT :

1. The instant Criminal Appeal is preferred on behalf of the appellant Mehbood against the state of U.P., against the judgment and order dated 13.9.2019 passed by the Additional Sessions Judge, Court No. 11, Moradabad in Special Sessions Trial No. 806 of 2018 (State of U.P. Vs. Mehbood) whereby the appellant was convicted and sentenced with rigorous imprisonment for 5 years and fine of Rs. 5,000/- for the charge under section 8/15 of The Narcotics Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the Act) and in default of payment of fine the appellant was directed to undergo for additional imprisonment for one year.

2. The brief of facts giving rise to this criminal appeal are that on 3.4.2018 Sub-Inspector Sanjeev Kumar along with police party while on patrolling received information from the informant (Mukhbir Khas) that one person along with 10-12 Kgs. poppy straw in a plastic gunny bag would come from the side of Umari by e-Rikshaw and would pass by the Newada Railway crossing. On this information Sub-Inspector Sanjeev Kumar along with police party reached to the Newada Railway crossing and after waiting for some time one person came by e-Rikshaw and alighted from e-Rikshaw and proceeded along with white colour plastic gunny bag in his hand towards Newada Railway crossing. The informant indicated to the police party that he was the very person who had poppy straw in the plastic gunny bag. That person was apprehended at 21:30 hours and he told his name Mehbood, son of Sattar, resident of tenanted house of Afzal Jabruddin Mohalla Daulatbagh, P.S. Nagfani, District Moradabad. This person told that he had poppy straw in the plastic gunny bags. The police party asked him for his personal search before the Magistrate or a gazetted officer. This person refused for the same and reposed his trust in the police party in taking search of him and a consent memo was prepared under section 50 of the Act. The thumb impression of this accused was taken on this consent memo. In the plastic gunny bag 12 polythene packets of one kg., each were kept. On being opened one packet it was found to be narcotic drugs I.e. poppy straw. The weighing machine brought by constable Basant Kumar and on being weighed it was found 11.800 Kg. poppy straw. Out of 12 packets 11 packets were sealed in the same plastic gunny bag and same was also made specimen and one packet of 970 gms., poppy straw was kept in one white colour cloth for forensic examination and same was sealed in cloth and made specimen. The accused Mehboob was made aware in regard to commission of offence by him under section 8/15 of the Act and his arrest memo was prepared keeping in view the safeguards. The recovery memo was prepared on the spot which was signed by the accused and all the police personnel present at that time and on the basis of this recovery memo case crime no. 0089 of 2018 was registered under section 8/15 of the NDPS Act against the accused Mehboob with the police station Kanth, District Moradabad. The Investigating Officer after having concluded the investigation filed charge sheet against the accused Mehboob before the court of Sessions Judge, Moradabad which was registered as SST No. 806 of 2018 and cognizance was taken thereon.

3. The trial court framed the charge against the accused Mehboob under section 8/15 of the Act and charge was read over and explained to the accused who denied the charge and claimed to be tried.

4. On behalf of prosecution to prove the charge against the accused in documentary evidence filed recovery memo, Exb. Ka-1, consent memo for personal search of police personnel Exb.Ka-2, consent memo of accused Mehboob under section 50 of the Act, Exb-Ka-3, arrest memo, Exb-Ka-4, site plan of place of occurrence Exb. Ka-5, FSL report, Exb. Ka-6, charge sheet, Exb. Ka-7, check FIR, Exb. Ka-8, GD entry in regard to registering the case crime, Exb. Ka-9.

In oral evidence examined PW-1 Sub-Inspector Sanjeev Kumar, PW-2, Sub-Insp