KANDURI CHARAN MOHANTY Vs. STATE OF ORISSA

JUDGEMENT

(1.) Appellant has challenged his conviction under Sec. 20 (b) (i) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, 'N.D.P.S. Act') as per the impugned judgment dated 26.6.1993 of the 2nd Additional Sessions Judge, Cuttack.

(2.) Prosecution case is that on 30.3.1991 morning while performing patrolling duty along with staff, Sri Prafulla Kumar Pattnaik, S.I of excise, Intelligence Branch, Cuttack, at about 7.30 A.M. made a chance detection of Ganja weighing 5 kg. while it was being carried by the Appellant in a briefcase. The search and seizure took place by the said Prafulla Kumar Pattnaik (P.W. No. 3) in presence of his staff and one Raghunath Dalai (P.W.1) and some independent witness. After the search and seizure was completed, that seized articles along with the sample drawn were kept in separate packets and sealed by affixing paper seal with use of the seal of P.W.3. Accused was brought to office of P.W.3 which situates near the Court of S.D.J.M. and on the selfsame day accused was produced before the S.D.J.M., Cuttack along with a copy of the seizure list. P.W. No. 3 sent the sample drawn for chemical analysis and after receipt of the report (Ext.6) he submitted the prosecution report.

(3.) Appellant advancing plea of complete denial claimed for trial.