TRINATH BENIA Vs. STATE OF ORISSA

JUDGEMENT

(1.) This appeal by the accused in Sessions Case No. 41 of 1992 of the court of Additional Sessions Judge, Jeypore is bound to succeed on a short point which shall be quoted below. Therefore, a detailed documentation of the facts, evidence and the findings recorded by the trial court, in respect of the entire case is not required to be reflected in this judgment.

(2.) It is the case of the prosecution that on 27-12-1991, at about 8.20 P.M. P.W. No. 7 alongwith police staff which includes P.Ws. 4 and 5, were patrolling in the locality apprehend the appellant alongwith his brother and recovered a gunny bag from the appellant allegedly containing one kilo and fifty grams of ganja. Independent witnesses present there namely P.Ws. 1 to 3 also helped the police party in apprehending the accused and witnessing the seizure. It is the admitted position on record that the accused was produced in the court of S.D.J.M. Jeypore on 28-12-1991, but the seized articles were not produced. However, on 20th January. 1992 the P.W. No.7 produced a packet of ganja said to be sample drawn from the ganja seized from the possession of the accused and learned S.D J .M. forwarded the same to the Chemical Examiner to the Government of Orissa. State Central Research Laboratory. Bhubaneswar for analysis and opinion. It is also borne out from the evidence that the said articles was tested and as .per the opinion of the Chemical Examiner Ext. 3 was prima facie found to be ganja.

(3.) Learned Additional Sessions Judge rejected the contention of the appellant that there is no acceptable evidence to show or suggest that the sample sent for examination by the Chemical Examiner was drawn from the article seized from the accused, In that respect relying on the evidence of P.Ws. 4, 5 and 7 the trial Court accepted the prosecution version and recorded that appellant was in illegal possession of ganja and accordingly convicted him under Section 20(b)(i) and the N.D.P.S. Act and sentenced him to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs. 1,000/ - in default to undergo rigorous imprisonment for a further period of three months.