RAJESH K.R. Vs. STATE OF ODISHA

JUDGEMENT

(1.) The appellants Rajesh K.R. and Jobby Sonny in CRLA No.602 of 2014 and appellant George K.A. in CRLA No.667 of 2014 faced trial in the Court of learned Special Judge, Gajapati, Parlakhemundi in G.R. Case No.215 of 2011 for offence punishable under sec. 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereafter 'N.D.P.S. Act‟) on the accusation that on 23/6/2011 at about 4.00 p.m., they were found transporting ganja in a private vehicle bearing registration no.KL-07-AA-2097 in front of Parlakhemundi police station in thirty nine big packets and thirty two small packets consisting of 116 kgs. of ganja without any licence.

(2.) The prosecution case, as per the first information report (Ext.16), in short, is that the informant Pradyumna Kishore Behera (P.W.4), S.I. of Police, Parlakhemundi police station on the basis of command certificate no.364743 dtd. 23/6/2011 along with Dibya Lochan Behera (P.W.8), S.I. of Police and other police officials of Parlakhemundi police station left the police station to verify the information regarding the transportation of ganja in a private vehicle bearing registration no.KL-07-AA-2097 as recorded vide S.D.E. No.513 dtd. 23/6/2011 and at about 4.00 p.m., they detained the said vehicle in front of Parlakhemundi police station and found two persons sitting in the middle seat and one was in the driver‟s seat of the vehicle and smell of ganja was coming out of the vehicle. On being asked, the driver of the vehicle disclosed his name and address as Rajesh K.R. (appellant in CRLA No.602 of 2014) and his address and the two persons, who were sitting in the middle seat of the vehicle disclosed their names as Jobby Sonny (appellant in CRLA No.602 of 2014) and George K.A. (appellant in CRLA No.667 of 2014). The informant (P.W.4) came to believe from the strong smell of contraband ganja coming out of the vehicle that the appellants were in possession of contraband ganja and accordingly, he intimated the fact to the Inspector in-charge of Parlakhemundi police station over phone. He arranged two local independent witnesses i.e. P.W.6 and P.W.7, out of which P.W.7 was the weighman, who had a grocery shop at Khanja Sahi and he arrived at the spot along with his weighing machine. P.W.4 explained the three appellants that they have the right to be searched either before a Magistrate or a Gazetted Officer and when the appellants gave their choice to be searched before one Gazetted Officer in writing, P.W.4 contacted Gopinath Manipatra (P.W.9), D.S.P., D.I.B., Gajapati over phone with a request to remain present during search and seizure. P.W.9 arrived at the spot at 4.15 p.m. and he gave his identity to the appellants and then in presence of P.W.9, the personal search of the police team was taken but nothing incriminating was found except the wearing apparels and pen and when the vehicle was thoroughly searched, it was found that on the concealed roof of the vehicle, thirty nine big packets and thirty two small packets were found from it. Those packets were made into four lots and the polythene paper and synthetic thread from all the packets were removed and it was found to be the flowering and fruiting tops of the cannabis plant locally known as 'ganja‟ and on weighment of the four lots, the total quantity came to 116 kgs. After the ganja was mixed homogenously, 50 grams of sample ganja in two packets from each lot were taken and signatures of the witnesses, appellants and also that of P.W.4 were taken on the envelopes containing the sample of ganja and the samples were kept in cloth cover and stitched and all the exhibits were sealed properly with sealing wax and specimen brass seal. The specimen seal of the brass seal was taken in a plain paper on which the signatures of the witnesses, appellants and P.W.4 were taken and since the three appellants could not produce either any authority or any license in support of such possession of contraband ganja, those were seized and a seizure list was prepared at the spot and the witnesses, appellants and P.W.4 signed the seizure list. The vehicle bearing registration no.KL-07-AA-2097, registration certificate, insurance certificate of the vehicle, driving licence of the driver Rajesh K.R. were also seized under seizure list and it was ascertained that one Krishna Kutty was the owner of the vehicle in question. Since the contraband ganja of commercial quantity were seized from the exclusive and conscious possession of the appellants, they were arrested after explaining grounds of arrest and brought to the police station and from the personal search of the appellants, some cash and mobile sets were also seized and three separate seizure lists were prepared in that respect. After returning to the police station, P.W.4 lodged the first information report before the Inspector in-charge of Parlakhemundi police station.

(3.) During course of investigation, the I.O. (P.W.10) seized the vehicle, registration certificate, insurance certificate, driving licence of appellant Rajesh K.R., R.C. Book, ganja packets, cash and mobile phones etc. as per seizure list Ext.1. He kept the seized ganja of 116 kgs. in safe custody in the P.S. Malkhana by making Malkhana register entry. He visited the spot which is in front of the police station, examined the seizure witnesses, the informant and other witnesses. On 23/6/2011, he submitted the detailed report to the Superintendent of Police, Gajapati and again seized the same vide Ext.23. On 24/6/2011, he forwarded the appellants to the Court and sent the seized articles to the Court and made prayer to send the samples to R.F.S.L., Berhampur for chemical examination. Chemical examination report (Ext.24) was received which indicated that the exhibits marked as Exts.A-1, B-1, C-1 and D-1 were the fruiting and flowering tops of cannabis plant (ganja). On completion of investigation, he submitted the charge sheet against the appellants under Sec. 20(b)(ii)(C) and 29 of the N.D.P.S. Act.