SK FAIYAZ Vs. STATE OF ORISSA

JUDGEMENT

(1.) By the impugned judgment dated 28-2-2003 passed by the learned Sessions Judge-cum-Special Judge, Ganjam- Gajapati, Berhampur in 2(a) CC No. 1/ 2002(N), the appellants in both CRLA Nos. 66 and 90 of 2003 have been convicted under Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act (for short the 'N.D.P.S. Act') and each of them has been directed to undergo rigorous imprisonment for twenty years and to pay fine of Rupees Two Lakhs, in default to undergo further period of rigorous imprisonment for five years.

(2.) During the period of occurrence P.Ws. 1 and 2 were working as Sub-Inspector and Constable of Excise respectively at Chatrapur. Prosecution case is that on 28-3-2002 P.W. 1, while performing patrolling duty with other excise staff including P.W. 2 on the National Highway No. 5, stopped a white Maruti Van bearing registration No. DL-20- D-8972 moving towards Ganjam village from Chatrapur side on suspicion. The vehicle was being driven by the appellant in Criminal Appeal No. 66 of 2003. Appellant in Criminal Appeal No. 90 of 2003 was the occupant of the vehicle. On being asked by P.W. 1, both the appellants gave their consent for search of the vehicle. Accordingly, in presence of P.W. 2 and an independent witness P.W. 3, the vehicle was searched by P.W. 1. On search, 16 Jari bags-M.Os. II to XVII containing Ganja and Ganja dust were recovered from the vehicle. P.W. 1 collected two samples weighing 50 grams each from each of the Jari bags and packed the same in 32 tin containers. The tin containers were sealed by P.W 1 by using his personal brass seal. He also sealed the 16 recovered Jari bags containing Ganja and Ganja dust. Paper slips containing signaturs of the witnesses, appellants and P.W. 1 were pasted on M.Os. II to XVII as well as on the 32 tin containers. P.W. 1 prepared seizure list Ext. 1 and kept his personal brass seal in the custody of P.W. 3 upon execution of Zimanama Ext. 2 by him. At 10.00 p.m. on the same day, P.W. 1 produced the appellants as well as seized articles before the learned Sessions Judge-cum-Special Judge, Ganjam Gajapati, Berhampur who remanded the appellants to custody and directed P.W. 1 to produce the seized articles in the Court Malkhana on 2-4-2002 instructing that till then the seized properties be kept in the Excise Malkhana. P.W. 1 sent one of the samples extracted from each of the seized Jari bags for chemical examination to the Deputy Drugs Controller, Bhubaneswar under his forwarding letter Ext. 5. As there was delay in receipt of the chemical examination report despatched from the Laboratory by post, P.W. 1 procured duplicate copy of the chemical examination reports Ext. 3 to 3/3 from the Laboratory on 27-5-2002. He also received Jari bag M.O.1 containing remnants of the samples in the 16 tin containers from the Laboratory. Thereafter, P.W. 1 submitted prosecution report against the appellants as well as co-accused Laxminarayan Patil against whom case was split up.

(3.) Both the appellants took the plea of denial.