DHANJI RAMJI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This Jail Appeal is directed against the judgment and order dated 29.4.'95 of the learned Special Judge in Special Case No.76/94 convicting the appellant for the offences under Sections 20(b)(ii) and 22 of the Narcotic Drugs And Psychotropic Substances Act, 1985 and sentencing him to suffer rigorous imprisonment for a period of ten years and pay a fine of Rs.1,00,000.00- in default to undergo further rigorous imprisonment for three years.

(2.) As per the Charge Ex.3 framed against him, the appellant was found in possession of 2 kgs. and 500 grams of Ganja on 12.9.94 at Platform No.4 of Surendranagar Railway Station without any pass or permit and he thereby committed offence under Sections 20(b)(ii) and 22 of the said Act. When the plea of the accused was recorded at Exh.4, the charge was read out to him and he stated that he was admitting the crime and that he was found to be in possession of 2 Kgs. and 500 grams of Ganja. According to him the allegation to this effect in the charge was correct. As recorded by the trial Court in the Judgment, when the accused categorically admitted the charge regarding his being found to be in possession of 2 Kgs. and 500 grams of Ganja, in order to ascertain whether he was voluntarily admitting the crime after understanding its repercussions, the Court asked various questions to him and forewarned him about the consequences of admission of guilt and though the lawyers, who were present in the Court, inside the court as well as after taking him outside the court, made him understand the seriousness of admission of such guilt, the accused insisted on admitting the guilt. It is recorded in the judgment that the learned Judge tried to ascertain whether the accused was in proper mental state to understand the seriousness of the offence and admission of the guilt and the Court was satisfied that he was willingly and after understanding admitting the guilt.The accused was even offered services by some lawyers, who were present, but he told the Court that Ganja was only a vegetable and according to him there was nothing wrong in consuming it or keeping it in possession. The accused told the Court that he did not want services of any lawyer and the Court may take its own decision, if it was an offence in accordance with law. Thereafter, the Court again made him sit outside the Court and some lawyers again apprised him of the seriousness of the offence and about the provisions of punishment. Even,thereafter, the accused told the Court that he was voluntarily admitting the guilt.

(3.) Muddamal Receipt Exh.2 recorded the fact that 2 Kgs and 500 grams of Ganja was recovered from the accused. The report of the Chemical Analyser established that the substance recovered from the accused was Ganja. The learned Special Judge accepting his plea of guilt found the accused guilty of the offences under Sections 20(b)(ii) and 22 of the said Act.