GYANENDRA SINGH ALIAS DUNGARI Vs. STATE

JUDGEMENT

(1.) Heard learned Counsel for the applicant and the learned AGA for the State.

(2.) According to the prosecution version while SHO Police Station Asothar district Fatehpur Sri Ram Bhajan Singh alongwith other police personnels were searching the accused persons wanted in a criminal case, they received information through mukhbir khas that one Gyanendra Singh alias Dungari who was carrying on the business of selling illicit Ganja was standing at infront of his house in village Santo Joga, and was having Ganja in his possession. Believing the said information to be true the police force reached the place described by the mukhbir khas and found a man standing infront of a house with a bag. Upon being identified by the mukhbir khas that the said man was Gyanendra Singh, the police personnels called him for being searched whereupon he turned around and started running towards his house whereafter the police personnel caught him after chasing him for about 30-35 yards. Upon inquiry the man so caught disclosed that his name was Gyanendra Singh and he was carrying one and half Kilograms of illicit ganja in his bag. Upon being given an option for being searched before the gazetted officer or a Magistrate, the Appellant declined the said offer and requested the police force to search him. Thereafter the police searched the Appellant and the bag which he was carrying and found one and half Kilograms of Ganja in his bag. A sample of 50 grams was obtained and kept in separate piece of cloth and sealed. The remaining seized substance was kept back in the bag and sealed. Recovery memo and specimen seal were prepared on the spot. The sample was sent for chemical examination and according to the report of the Chemical Analyst the sample contained Ganja.

(3.) On the basis of the aforesaid recovery and arrest Case Crime No. 16 of 2004, under Section 18/20 NDPS Act was registered against the Appellant at Police Station Asothar District Fatehpur. The Investigating Officer submitted a chargesheet under Section 18/20 NDPS Act after investigation on the basis of which the Magistrate took cognizance and the case was committed to be tried by Additional Sessions Judge in SST No. 36 of 2004 State v. Gyanendra Singh under Section 18/20 NDPS Act Crime No. 16/2004. Even before the Public Prosecutor had opened the case for prosecution and even before framing of the charge the Appellant moved an application before the Sessions Judge for recording his confession that he had committed the offence and accordingly his confession was recorded on 4.6.2005 and relying upon the aforesaid confession the learned Additional Sessions Judge after dispensing with the formal proof of prosecution documents convicted the Appellant for offences under Sections 18/20 NDPS Act for being in possession of unauthorised one and half kilograms of Ganja and sentenced him to undergo ten years' RI and a fine of Rs. one lac and in default of payment of fine further two years' simple imprisonment.