- (1.) By means of this writ petition under Article 226 of the Constitution, the petitioner has prayed for issuance of writ of certiorari quashing the impugned censure entry as communicated to the petitioner vide letter of the Registrar (Confidential) dated 02.09.2009 (Annexure No.5 to the writ petition).
(2.) The petitioner was selected and appointed as Civil Judge (Junior Division) in the U.P. Provincial Civil Services (Judicial) in 1990. Later on, he was promoted as Civil Judge (Senior Division) in October, 2000 and thereafter he was promoted and posted as Additional District and Sessions Judge, Fast Track Court on 06.06.2006. At the relevant time in the year 2008, he was posted as Additional District and Sessions Judge, Fast Track Court, Barabanki and decided the Sessions Trial No.612 of 2008 (Union of India v. Mohd. Ansar and others) under Section 8, 21(b) read with Section 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (here-in - after referred to as "the NDPS Act"). The facts relating to the said Sessions Trial are that the sub - Inspector of Police on 08.04.2008, made recovery of two packets from the accused, Mohd. Ansar containing 1280 grams of Heroin, for which the said accused could not show any authorised or valid licence. At the same time, two other accused namely, Shahjade and Guddu were also arrested. Mohd. Ansar was charged under Section 8/21 of the NDPS Act whereas co - accused Shahjade and Guddu were charged under Section 8/22 read with Section 29 of the NDPS Act. Charge sheet was submitted and trial commenced. The petitioner on 30.01.2009 framed the charge as above and all the three accused, confessed their guilt and were also convicted on the same day. Thereafter, they were heard on the point of sentence.
(3.) The accused, Mohd. Ansar was in jail for more than 09 months, had no criminal antecedents, and was aged about 35 years. The percentage of recovered Heroine was found to be 7.5%, the quantity was more than small quantity but less than commercial quantity as defined under the NDPS Act. Based upon the aforesaid facts and reasons he was awarded 10 months' imprisonment and fine of Rs. 15,000/- and in default of payment of fine to undergo additional sentence of 03 months.;