Strict compliance with mandatory provisions can lead to conviction under narcotic laws; however, age-based probation is essential for rehabilitating younger offenders.

1.Appellant Raj Mohammad alias Raju (hereinafter referred to as the 'accused') has filed this appeal from Model Central Jail, Nahan against the judgment and order of conviction and sentence under S.15 of the Narcotic Drugs and Psychotropic Substances Act 1985, (for short NDPS Act) recorded by the Sessions Judge, Una on August 31, 1999 in Sessions Case No. 20/98 / Sessions Trial No. 28/98.

2. The prosecution case was that on 29-8-1998 SI Sarup Chand (P.W.11) was on routine patrolling along with SI Ajay Rana, Constable No. 297 Baldev Raj (P.W.6) and Constable No. 239 Subhash Chand (P.W.10) in vehicle No. HP - 20-6060 when the patrolling party was present at a short distance away from the Polian barrier, constable Pawan Kumar (P.W.3) disclosed S.I. P.W.11 that he received a secret information at about 9 p.m. about the involvement of the accused a resident of Jaijon, Police Station, Mehalpur, District Hoshiarpur (Punjab) that the accused was doing the business of sale and purchase of poppy husk and if he was searched, poppy husk could be recovered from his possession. On the said information, report Ex.PF was prepared and sent to Superintendent of Police, Una through PW 6, P.W.11 formed a raiding party consisting of independent witnesses, Surinder Singh (P.W.1) Updesh Singh (P.W.2) and other police personnel and proceeded towards Polian barrier. When the raiding party reached at some distance before reaching Police Barrier, Pollian, one person was found coming with a bag in his hand going towards Jaijon on foot and on seeing the police, the said person tried to run away who was lateron apprehended by the police. On interrogation, he disclosed his name as Raj Mohammed alias Raju (the accused), resident of Jaijon. The accused was informed in writing that the police had suspicion about his involvement in carrying poppy husk and whether he wanted to give search to the police or before a Magistrate or Gazetted Officer. The accused consented in writing for giving his personal search to the police. In the presence of independent witnesses P.W.1 and P.W.2, search of the accused was conducted and from his bag being carried by him, one more polythene bag of blue colour was found and on checking, poppy husk was found therein without possessing any valid permit. The poppy husk after weigh men was 1 kg. and 350 grams from which two samples of 250 grams each were taken out and the said samples were sealed with Seal 'S' and the seal after use was given to P.W.2. The grounds of arrest were communicated to the accused. The sample was sent to C.T.L. Kandaghat. As per report of the Chemical Analyst (Ex.PL), the contents of the sample were found of poppy husk. P.W.11 recorded the statements of the witnesses and completed the investigation. The charge - sheet was laid before the learned Sessions Judge against the accused for the commission of the offence under S.15 of the NDPS Act.

3. The learned Sessions Judge on consideration of the police report submitted under S.173, Cr.P.C. found prima facie case against the accused and charged him accordingly. The accused pleaded not guilty to the charge and claimed to be tried.

4. The prosecution examined in all 11 witnesses to prove the charge against the accused and placed on record the material documents. The defence of the accused in his statement recorded under S.313, Cr.P.C. was that he was asked by PW - 3 Constable Pawan Kumar around 2.30 p.m. On August 29, 1998 to get down from the bus at Police Barrier, Polian and thereafter was made to sit there when he was again asked to sign certain documents after the arrival of the other police personnel. He pleaded that he has been falsely implicated in the case. Howe