AMRESH CHANDRA BARIK Vs. STATE OF ODISHA

JUDGEMENT

(1.) The appellant Amresh Chandra Barik in CRLA No. 126 of 2015 and appellant Premananda Sahu in CRLA No.161 of 2015 faced trial in the Court of learned Additional Sessions Judge -cum- Special Judge, Phulbani in G.R. Case No. 07 of 2013 for offence punishable under section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereafter 'N.D.P.S. Act') on the accusation that on 26.09.2013 at about 9.35 a.m., they were found to be in unlawful possession of 32 kgs. 550 grams and 34 kgs. 600 grams of contraband ganja respectively near Surkapata Ghat road at village Majhipada on Phiringia Gochhapada road.

(2.) The prosecution case, in short, is that on 26.09.2013 at about 9.35 a.m. Madan Mohan Pradhan (P.W.4), Inspector in charge of Phiringia police station got information from reliable sources that the appellants were in possession of huge quantity of ganja i.e. flowering and fruiting tops of cannabis plants and were standing near Surkapata Ghat on Phiringia Gochhapada road waiting for transportation of ganja. As it was not possible to obtain a search warrant, P.W.4 arranged a raiding party comprising of the P.S. staff with a view to proceed to the spot for detection of the offence. He also informed Mr. Pravat Chandra Panigrahi (P.W.12), S.D.P.O., Sadar, Phulbani over telephone about the proposal to conduct raid and entered the ground of belief in the Station Diary vide Entry No. 450 dated 26.09.2013. Copies of the ground of belief along with extract of Station Diary Entry were sent to S.D.P.O., Sadar, Phulbani as well as Superintendent of Police, Kandhamal. P.W.4 along with the raiding party members thereafter proceeded to the spot in a police jeep and on arrival at the spot, they found two persons were standing by the road side with some plastic and gunny packets. On seeing the arrival of the police team, those two persons started running, but they were apprehended soon. On query, those persons disclosed their names as Amresh Chandra Barik (appellant in CRLA No. 126 of 2015) and Premananda Sahu (appellant in CRLA No. 161 of 2015) and admitted to have kept ganja inside the plastic and gunny packets and waiting for transportation of the same. The appellants denied to have got any license or authority in support of possession of ganja. After observing the formalities under section 50 of the N.D.P.S. Act, both the appellants were searched in presence of the Executive Magistrate Nabin Kumar Patel (P.W.9) and on personal search of appellant Amresh Chandra Barik, cash of Rs.9050/-, one original driving license, two nos. of Nokia mobile phones were recovered and two plastic packets containing ganja were also recovered from his exclusive and conscious possession. Similarly, on personal search of appellant Premananda Sahoo, cash of Rs.5,800/- and one Micromax mobile phone were recovered and two plastic packets and one gunny packet containing ganja were also recovered from his exclusive and conscious possession. On weighment of the ganja recovered from the possession of appellant Amresh Chandra Barik by weighman Bhabani Shankar Sahu (P.W.3), it was found to be 32 kg. 550 grams and similarly the weight of ganja recovered from the possession of appellant Premananda Sahu were found to be 34 kg. 600 grams. P.W.4 collected two samples of 50 grams from each bag. After collection of the samples, P.W.4 stitched, packed and sealed the sample packets and the bulk ganja packets in presence of the Executive Magistrate and witnesses by using his personal brass seal. He prepared the seizure lists showing seizure of ganja and other articles from the appellants and obtained signatures of the Executive Magistrate, the witnesses and the appellants on the seizure lists and also affixed the specimen brass seal used on the seizure lists. He also obtained signatures of the Executive Magistrate, witnesses and the appellants on the sample packets and the packets containing bulk quantity of ganja and also affixed specimen seal on the packets. He left the weighing apparatus in the zima of weighman (P.W.3) and also left his personal brass seal in the zima of Dolagobinda Sahu (P.W.2) by executing Zimanama. He drew up a plain paper F.I.R. (Ext.9) and requested P.W.12, S.D.P.O., Sadar, Phulbani who arrived at the spot as per the orders of S.P., Phulbani to take up investigation. The appellants were arrested and they along with all the seized articles were handed over to P.W.12.

(3.) The appellants were charged under section 20(b)(ii)(C) of the N.D.P.S. Act to which they pleaded not guilty and claimed to be tried.