ABDUL SALAM Vs. STATE OF ORISSA

JUDGEMENT

(1.) This appeal is by one of the accused persons convicted by order dated 29.8.1992 passed by the learned Sessions Judge, Puri in S.T. Case No. 309 of 1991 under (hereinafter referred to as "N.D.P.S. Act") and sentenced to undergo rigorous imprisonment for ten years with fine of rupees one lakh, in default to undergo rigorous imprisonment for a further period of five years.

(2.) The prosecution case briefly stated is that on receipt of secret information regarding possession of the narcotic drugs by two persons staying in room No. 6 of Leo Castle Hotel situated at Chakratirtha Road near Sea Beach, Puri, the Officer -in -charge, Sea Beach P.S. informed the matter to the Superintendent of Police and being instructed, he conducted a raid in presence of the Town Inspector, P.W. 1 and Reserve Inspector, P.W. 5 with two independent witnesses Rama Panda (P.W. 2) and Bijaya Behera (P.W. 3). At the time of raid both the accused persons were inside room No. 6 which was closed from inside. P.W. 6 knocked at the door and thereafter the door was opened. The Police Party, after giving the personal search including that of the independent witnesses, entered inside the room and conducted search. There was a table inside the room and on the top of that table there was a packet (thunga) (M.O.I), which contained heroin in a polythene packet, empty charms cigarette packet, partially charred cigarette jari paper and another cigarette jari paper. On weighment of the polythene packet, it came to 18 grams 500 mgs of heroin. The accused persons having not explained possession therefore, P.W. 6 seized the same under the seizure list (Ext. 1), kept the seized articles in a sealed packet containing paper seal with the signatures of the witnesses and also wax seal impression. Specimen impression of the seal used was also made on the seizure list. P.W. 6 drew up the plain paper F.I.R. Ext. 6, seized the hotel register marked Ext. X and Y for identification under the seizure list (Ext.2). He examined the witnesses, prepared the spot map, arrested the accused after explaining the ground of arrest and informed the Superintendent of Police about the detection of the case besides submitting a written report to that effect to the P.W. 1, the Inspector of Police, who is immediate superior officer. On 19.6.1991, the seized packets were produced before the S.D.J.M., Puri, samples were drawn from the same and sent to the S.F.S.L., Bhubaneswar for chemical analysis. A prima face case having been found against the accused persons for having committed offences punishable under Sec. 21 of the N.D.P.S. Act, charge -sheet was filed. The prosecution has examined witnesses. The accused persons took the plea of denial, but however, during the defence, they took the plea that both the accused persons being scolded in their house at their native place in Iqbulapur under 23 Pragannas, West Bengal, they left their houses in search of jobs and reached Puri and while they were resting on the verandah of the Leo Castle Hotel, they were caught by the police and roped in this case though the seized articles were either belonging to them nor were recovered from them.

(3.) The learned Sessions Judge had framed four issues for consideration: