GOPAL KUNDA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS appeal has been preferred against the order of conviction and sentence passed against the accused -appellant under Section 20(b)(i) of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as "N.D.P.S. Act") for possessing 26 K.Gs. of Ganja powder and sentencing him there under to undergo rigorous imprisonment for two years and to pay a fine of Rs. 2,000/ - and in default to undergo rigorous imprisonment for six months passed by the learned second Addl. Sessions Judge, Berhampur.

(2.) THE prosecution cause in brief is that on 20.6.1990 the Sub -1

(3.) THE main thrust of argument of the learned Counsel for the Appellant is that the officer who made the search, seizure and arrested the accused has himself investigated into the case and, therefore, the investigation is bad and consequently, the conviction and sentence is bad in law and liable to be set aside. The second submission of the learned Counsel is that the prosecution having failed to comply with the provision of Sub -section (3) of Section 52 of the N.D:P.S. Act by not producing him before the Officer -in -charge of the Police Station and the seized materials soon after the seizure, the seizure made was illegal and therefore, the conviction is liable to be set aside. It is further contended that the Officer before search and seizure has not given option to the accused -appellant in terms of Section 50 of the N.D.P.S. Act to give his consent for search either before the Gazetted Officer of the Magistrate and the provisions of Section 50 being mandatory, non -compliance thereof vitiates the trial. It is the contention of the learned Counsel that the requirement of Section 57 of the Act having not been complied with by producing the accused before the Magistrate within 48 hours, the investigation as well as the trial is vitiated.