STATE OF ORISSA Vs. PABITRA MOHAN ROUL

JUDGEMENT

(1.) IN this appeal against acquittal, the State assails the judgment of the learned Additional Sessions Judge, Sambalpur in S.T. Case No. 220/56 of 1994, wherein the learned trial Court has acquitted the accused of the charge under Section of the N.D.P.S. Act.

(2.) BEREFT of unnecessary details, the prosecution case is that on 21.09.1994 in the afternoon, the Officer In -Charge, Rairakhol Police Station received reliable information about possession of Ganja by the respondent. Hence, he immediately went to the grocery shop of the petitioner and in presence of independent witnesses, searched the shop and detected Ganja weighing 2 Kg. 50 grams. So he seized the same as per the procedure laid down, collected samples there from, arrested the accused and drew up a plain paper F.I.R. After registration of the case, the samples were sent for chemical examination and upon completion of investigation, the charge -sheet has been submitted against the respondent.

(3.) PROSECUTION has examined five witnesses out of which three are independent witnesses and two are police personnel. Learned trial Court having taken into consideration the evidence led on behalf of the prosecution, has come to the conclusion that there has been violation of the provisions of Section and Section of the N.D.P.S. Act. In assailing the findings recorded by the learned trial Court, the learned Standing Counsel has pointed out that Section of the Act is not a mandatory provision and in this case provision of Section is not applicable as search and seizure has been made during day time. Learned counsel for the respondent, on the other hand, supported the findings recorded by the learned trial Court and prayed that the appeal be dismissed.