Point of Law: Illicit contraband – Conviction modified - Merely regulatory and more or less its compliance has also been made that does not create any dent in prosecution case, trial court was justified in conviction against appellant for which no infirmity is perceptible in judgment and order impugned in this appeal.

JUDGMENT :

Arvind Kumar Mishra-I, J.

1. Heard Sri Sanjeev Kumar Tripathi, learned counsel for the appellant and Sri Bhanu Pratap Singh, learned A.G.A. for the State and perused the records.

2. The instant criminal appeal challenges the judgment and order dated 29.05.2018 passed by the Additional Sessions Judge, Court No.2, Amroha, in Special Session Trial No.14 of 2015 arising out of Case Crime No.177 of 2015 State Vs. Omvir son of Roomal Singh, under Section 8/18 N.D.P.S. Act, Police Station Adampur, District Amroha whereby the appellant Omvir having been convicted under the aforesaid Sections of N.D.P.S. Act has been sentenced to five years rigorous imprisonment coupled with fine Rs.20,000/-with default stipulation for six months additional imprisonment.

3. Relevant facts of this appeal as discernible from record suggest that the appellant was caught by the police patrolling party on the tip off information by some informer near Ojpura bridge / culvert on the road within Police Station Adampur, District Amroha, description of the same indicates that S.I. Amrish Tyagi and S.I. Rohit Sharma were patrolling along with their colleagues within Police Station Adampur and were passing from Dhabarsi and reached village Pashupura where they received tip off information from the informer that some person is coming to the village Pashupura from Ojpura side who is possessing illicit contraband. The police party believed this information and tried to arrange public witness but no one was ready to stand public witness, therefore, the police party inter-se made search for each other and assured that there is no adverse material / contraband in their possession. Because of paucity of time, the police party kept themselves hiding on both sides of the road near Ojpura bridge / culvert. After sometime, one person was sighted coming from Ojpura side who was pointed out by the informer. In the meanwhile, the informer went away. When that person came closer to the police party, the police personnel came out of their hiding and after using necessary force at about 4:30 p.m. apprehended that person.

4. On being asked about his name, he told that he is Omvir son of Roomal Singh, resident of Shibaura, Police Station Didauli. District Amroha. He also informed that he is possessing 300 grams of opium whereupon he was offered choice to be searched before some gazetted officer / Magistrate whereupon he reposed faith in the police party itself for search being made. The search was made out whereupon a green bag was recovered from his right hand wherein some substance was found kept wrapped inside a polythene, it was opium weighing 300 grams. Therefore, Constable Shripal was sent to arrange for scale to the village Dhabarsi from where he obtained scale for weighing the contraband from the shop of some goldsmith. The recovered opium was weighed on the spot whereupon it weighed 300 grams, 10 grams of the recovered opium was taken out for sampling and was kept in separate polythene bag and rest of the recovered opium say 290 grams was also kept in another cloth and both bundles were sealed and specimen seal was prepared, memo of arrest and recovery was prepared under Section 8/18 N.D.P.S. Act.

5. Once the memo of arrest and recovery and the other documents were prepared on the spot and after reading out contents of the same and after informing the appellant, he was arrested for offence under Section 8/18 N.D.P.S. Act. The contents were also read out to the police personnel who also signed on it. Perusal of memo of arrest and recovery memo Ext. Ka-4 also indicates that after it was so signed, a note was appended at the bottom of the second page of the aforesaid Ext. Ka-4 that copy of memo (of arrest and recovery) is being given to the appellant-accused Omvir Singh. Memo of arrest is Ext. Ka-5. Memo of scale whereby recovered contraband was properly weighed and found 300 grams, out of which 10 grams was taken out for sampling purpose, rest of 290 grams wa