N LAXMINARAYANA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE appellant being aggrieved with the order of conviction and sentences imposed on him by the learned Special Judge -cum -Second Addl. Sessions Judge, Berhampur in G.R. Case No. 2 of 2002 (N) corresponding to T.R. Case No. 6 of 2003 has preferred this appeal. The appellant being convicted by the learned Special Judge under section 20 (b) (ii) (B) of the Narcotic Drugs & Psychotropic Substances Act (hereinafter referred as, "N.D.P.S. Act") was sentenced to undergo rigorous imprisonment for six years and to pay a fine of Rs. 30,000/ -, in default to undergo further rigorous imprisonment for one year.

(2.) THE case of the prosecution is that on 7.5.2002 the I.I.C., Baidyanathpur Police Station, Berhampur received V.H.F. information that a person carrying a gunny bag suspected to be containing 'ganja' has been detained by the Traffic constable Trilochan Das (P.W. 1) at New Bus stand Berhampur. That message which the I.I.C., Baidyanathpur Police Station namely Sri Brahmananda Gagarin Mohanty (P.W.7) received was entered in the Station Diary Book of the said Police Station vide S.D. entry No. 178 dated 7.5.2002 and P.W.7 directed S.I. of Police Sri Dilip Kumar Das (P.W.5) to proceed to the spot for verifying the truth or otherwise of the said V.H.F. information. Accordingly, P.W.5 proceeded to the spot alongwith Constable 448 G.H. Naik (P.W.3). P.W.5 on arrival at the spot found the present appellant being detained by P.W. and on being questioned the appellant disclosed his name and address and further disclosed that he was carrying 5 kilograms of 'ganja' which he collected from Ankuli under Jarada Police Station and was on his way to Puri for selling the same. P.W.5 thereafter issued requisition soliciting the presence of one Executive Magistrate as the appellant disclosed his intention to be searched in presence of one Executive Magistrate. On receipt of the Police requisition, Sri Sangram Sekhar Panda (P.W.4) who was then Additional Tahasildar, Berhampur being directed by the Sub - Divisional Magistrate, Berhampur arrived at the spot whereafter, after observing all the formalities of search the bag of the appellant which he was carrying was searched in presence of the witnesses Krushna Chandra Sahu (P.W.8) and S.Kusa Kumar Patro and it was found that the said bag was carrying ganja and when weighment of the contents of the gunny bag was taken it weighed 5 Kilograms. Samples each weighing 50 grams were collected twice from the bulk quantity of ganja for chemical examination. The bulk quantity of 4 Kilograms and 900 grams of ganja was then kept in a packet which was sealed by paper seal in presence of the witnesses and P.W.4. Similarly the sample packets were also sealed by paper seal and by personal seal of P.W.S. P.W.5 drew up the plain paper F.I.R. namely, Ext. 7 and on receipt of the said F.I.R., P.W.7 registered Baidyanathpur P.S. Case No. 99 of 2002 and directed S.I. of Police Sri B.D.Swain (P.W.9) to take up investigation of the case. P.W.9 proceeded with the investigation and on completion of investigation getting prima facie materials, placed charge -sheet against the appellant to stand his trial.

(3.) THE plea of the appellant is that of complete denial of seizure of any ganja from his possession. It is the further plea of the appellant that on 7.5.2002 he was returning from the house of a relation at Sompeta in Andhra Pradesh and while boarding a bus at Berhampur Bus stand to Bhubaneswar, he was caught by Police with a bag containing his clothes. It is his specific plea that he was not carrying any ganja.