ORDER :—

This Criminal Revision under section 397/401 of the Code of Criminal Procedure has been filed being aggrieved by the order dated 28-4-2022 passed in Special/NDPS/Case No. 16/2022 by Special Judge (NDPS), District Shahdol (M.P.) whereby charges under section 8(C), 20(B)(II)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short “NDPS Act”) have been framed against the applicant.

2. As per the prosecution case on 10-9-2021, Narbad Singh Dhurve S.H.O. of P. S. Jaisingnagar received a secret information from the informer that one Rohit Gupta @ Chandan Kumar Gupta along with one Dipak Namdeo carrying a sack/ bag of Ganja are going from Jaitpur to Beohari via Gohparu and Jaisingnagar. On the basis of information, after completing the formalities along with witnesses, the S.H.O. intercepted one motorcycle Bajaj Pulser bearing registration No. MP-18-MR-9205. The person who was driving the motorcycle introduced himself as Rohit Gupta and the person sitting as pillion rider and was holding the bag, introduced himself as Dipak Namdeo. The sack was recovered in presence of witnesses. When it was opened, four packets were found in it. In checking 25 Kg Ganja (cannabis) was found. The same was seized. On the basis of aforesaid, F.I.R. No. 405/2021 was registered at P. S. Jaisingnagar District Shahdol for the offence under section 8/20 of the NDPS Act. In the course of investigation, disclosure memo of accused Rohit Gupta under section 27 of Evidence Act was recorded. He his memorandum disclosed that he had bought the seized Ganja from one Anil Patel of village Chhilpa. On the basis of memorandum statement of Rohit Gupta, the present applicant was arrested on 27-2-2022, almost after 05 months and 15 days of the recovery of the seized contraband from the possession of co-accused Rohit Gupta. After completion of investigation, the charge sheet was filed against the accused persons. The Special Judge (NDPS) Act, Shahdol framed the charges against the applicant too under section 8(c) read with section 20(b)(II)(c) of the NDPS Act. The applicant abjured his guilt. Being aggrieved by aforesaid, applicant filed this revision.

3. Learned counsel for the applicant submitted that applicant has been implicated as an accused on the basis of memorandum of co-accused. He has nothing to do with the commission of offence. The charges framed against him are not tenable as nothing was seized from his possession by the police to establish that the seized Ganja was purchased by the applicant from him. It is submitted that there is nothing on record to connect the present applicant with the alleged offence except the memorandum of co-accused Rohit Gupta recorded under section 27 of the Evidence Act. It is argued that the confessional statement made under section 27 of the Evidence Act is hit by section 25 of the Evidence Act and section 162 and 164 of Cr.P.C and same cannot be taken into account in order to convict the applicant. In support of his contention, learned counsel has placed reliance on order dated 3-4-2018 passed M.Cr.C.No. 357/2017, Rajkumar Tiwari vs. State of M. P., order dated 19-11-2019 passed in CRR No. 3904/2019, Rinku Sonkar and others vs. State of M. P., and order dated 13-9-2021 passed in Cr.R.No. 1341/2021, Anoop Jaiswal alias Jassa vs. State of M. P., by the co-ordinate bench of this Court . He also placed reliance on the decision of the Apex Court in the case of Tofan Singh vs. State of Tamil Nadu, AIR 2020 SC 5592, Dipakbhai Jagdishchandra Patel vs. State of Gujrat and another, (2019) 16 SCC 547 and Aghnoo Nagesia vs. State of Bihar, AIR 1966 SC 119.

4. On the other hand, learned panel lawyer appearing for the respondent/State has submitted that sufficient evidence is available against the present applicant on considering the memorandum of co-accused and the quantity of contraband seized from the main accused, prima facie, ingredients of offences alleged against the applicant are available. The learned trial Cour