LAWS(SC)-2003-12-6

STATE OF ORISSA Vs. KANDURI SAHOO

Decided On December 04, 2003
STATE OF ORISSA Appellant
V/S
KANDURI SAHOO Respondents

JUDGEMENT

(1.) The State of Orissa questions correctness of judgment of a learned single Judge of the Orissa High Court by which the respondent was acquitted of the charges under S. 20(b)(i) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the Act'). Though the trial Court found the respondent-accused guilty of offences, the High Court held that the accusation was not established and, therefore, directed acquittal.

(2.) The factual position is as under :

(3.) P.W. 2 pleaded ignorance about the contents of the seizure memo though he admitted his signature. Considering the evidence on record, the trial Court held the guilty and sentence was imposed.