ASHISH TIWARI Vs. STATE OF M P

JUDGEMENT

(1.) THIS revision is directed on behalf of the applicant/accused under section 397/401 of the Cr.P.C, being aggrieved by the order dated 11.9.2007 passed by the Special Judge, Constituted under the Provision of Narcotic Drugs and Psychotropic Substances Act (in short the Act) in Special Case No.2/07 framing the charges against him for the offence of section 20(b)(ii)(B) red with section 29 of the Act.

(2.) AS per case of the prosecution, the co-accused Arvind Awasthy was anticipated and from his possession 1.200 Kg of contraband substance the Ganja was recovered for which, in accordance with the prescribed procedure the investigation was carried out. In the course of such investigation, on recording memorandum of such accused under section 27 of the Evidence Act, he disclosed that the Ganja recovered from his possession was purchased by him in consideration from the present applicant. Pursuant to such memorandum, at the instance of said co-accused Arvind Awasthy, in presence of witnesses, on making interrogation from the present applicant, then Rs.1200/- obtained by him from coaccused Arvind Awasthy, was recovered from his possession. In accordance with the prescribed procedure, in presence of the Panch witnesses, seizure memo of such sum was prepared. In such premises, the applicant was found to be involved in selling contraband substance the Ganja to the co-accused. In such factual matrix, the applicant was implicated as accused for in the case and on completion of the investigation along with the said co-accused, he is also charge sheeted for the offence under section 20(b)(ii)(B) read with Section 29 of the Act. On framing the charge of such offence, he abjured the guilt and came to this court with this revision to set aside the order impugned

(3.) HAVING heard the counsel, keeping in view their arguments, I have carefully gone through the papers of the charge sheet placed on the record and also the impugned order along with the charges framed. According to the charge sheet initially the co-accused Arvind Awasthy was found in possession of the alleged contraband substance the Ganja. On recording his memorandum under section 27 of the Evidence Act, he disclosed the name of the applicant from whom he purchased the same in consideration. Pursuant to that, at his instance, on making the interrogation of the present applicant, he produced the alleged consideration of Rs.1200/- before the investigating officer, the same was seized by preparing the requisite panchnama in presence of the witnesses.