DWARIKA TARINI PATRA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE appellants have preferred this appeal against the order dated 1.12.1998 passed by Smt. M. Patnaik, Sessions Judge cum Special Judge, Khurda at Bhubaneswar convicting them Under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the Act') and sentencing them to undergo rigorous imprisonment for one year and to pay a fine of Rs. 500.00 each, in default to undergo rigorous imprisonment for five months more in T.R.Case No. 7 of 1998.

(2.) PROSECUTION case briefly stated is as follows :

(3.) MR . Mohanty, learned counsel for the appellants, and Mr. Pradhan, learned Addl. Standing Counsel for the State, were heard at length. Mr. Mohanty contended that the conviction of the appellants cannot be sustained due to non compliance of the mandatory provisions of Sections 42, 50 and 55 of the Act and hence the impugned judgment is liable to be set aside. Learned Addl. Standing Counsel supported the impugned judgment refuting the contention of the learned counsel for the appellants.