GURMAIZ @ GAJJI Vs. STATE OF U.P.

JUDGEMENT

(1.) Gurmaiz alias Gajji has filed this appeal against the judgment and order dated 23.9.1994 passed by 1st Additional Sessions Judge, Bijnor in special trial No. 47 of 1993, under Sec. 20 of Narcotics Drugs and Psychotropic Substances Act connected with special trial No. 48 of 1993, under Sec. 25 of Arms Act, convicting the appellant under Sec. 20 of Narcotic Drugs And Psychotropic Substances Act to undergo R.I. for ten years and a fine of rupees one lac and in default of payment of fine, to undergo further RI for two years. The appellant was further convicted under Sec. 25 (1-B) (a) of Arms Act and sentenced to undergo R.I. for one year and a fine of rupees one thousand and in default of payment of fine, to further undergo imprisonment for three months. Heard Sri Shamsher Singh, learned Counsel for the appellant and learned A.G.A.

(2.) It is contended that there is no compliance of Sec. 50 of the Narcotic Drugs And Psychotropic Substances Act and as such his conviction cannot be sustained under the aforesaid Act and it is further contended that the District Magistrate has given sanction to prosecute the appellant under Sec. 25 of the Arms Act in a mechanical manner.

(3.) Brief facts of the case are that on 19.3.1993 at 5.15 a.m. P.W. 1 D.S. Yadav received a secret information from the informer that accused appellant Gurmaiz alias Gajji resident of Champatpur Chakla was returning to his house from jungle and he had with him illicit arms and charas. P.W. 1 and other police officials tried to procure public witnesses but no public witness was prepared to witness the arrest of the accused. Ultimately, the above police officials after taking search of each other, alongwith secret informer hid themselves in the path leading from the house of accused Gurmaiz alias Gajji. After sometime, accused appellant was seen by them coming from the jungle side and on the pointing out of the secret informer that he was the person about whom he had given information, accused appellant was asked to stop. He started running away and was chased and apprehended at about 6.45 a.m. After he was apprehended an offer was made to him that if he so desired, his search could be taken before a Gazetted Officer or Magistrate. However, he stated that he had no objection if his search is taken by the police officials. After his search was taken, a country made gun was recovered from his hand and from the left pocket of his pant three live cartridges and from the right pocket of his pant about 100 gms. of charas, was recovered which he possessed without licence. Above received articles were sealed and a sample of the seal and fard recovery was prepared. The accused appellant alongwith the recovered articles was brought to the police station and a case against him under Sec. 18/20 of the Narcotic Drugs And Psychotropic Substances Act as crime No. 61/93 and under Sec. 25 of the Arms Act at Crime No. 60/93, was registered by P.W. 1. After completing the investigation, P.W. 5 Rohtash Singh submitted charge-sheet against the appellant under Sec. 20 of the Narcotic Drugs And Psychotropic Substances Act and under Sec. 25, Arms Act and prove the same as Ex. Ka-7 and Ex. Ka-8. A charge under Sec. 20 of the Narcotic Drugs And Psychotropic Substances Act and also under Sec. 25, Arms Act was framed, to which he pleaded not guilty and claimed to be tried and stated that police has falsely implicated him in his case as he had earlier been challaned, by the same police station in which he was acquitted by the Trial Court.