KASHINATH SAHU Vs. STATE OF ORISSA

JUDGEMENT

(1.) The Appellant in this case has been convicted for commission of offence under Sec. 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short "the N.D.P.S. Act").

(2.) The case of the prosecution, bereft of unnecessary details is that on 16.8.1996, P.W. 2, Inspector of Excise, E.I. and E.B., Unit -I, Cuttack came to Bhubaneswar along with other Excise staff and in course of their patrol duty, P.W. 4 Radhu Bhoi got reliable information about storing of huge quantity of brown sugar in the house of accused at Kabari Sahi. The said information was reduced to writing and made over to the Inspector of Excise, who was also on patrol duty, with a request to permit him and his staff to make a search. Accordingly, search was conducted and in course of search of the accused two grams of brown sugar was found inside the right side of his pocket. During search of the house of the accused 15 grams of brown sugar was found under the almirah of the accused. Accordingly, seizure list was prepared. A copy of the same was supplied to the accused and after observing all the formalities he was forwarded to Court.

(3.) The plea of the defence is one of complete denial.