LAL KHAN Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellant Lal Khan in JCRLA No. 58 of 2016 and appellant Amir Khan in CRLA No.693 of 2016 faced trial in the Court of learned Addl. Sessions Judge -cum- Special Judge, Jeypore in Criminal Trial No.47 of 2013 for offence punishable under Sec. 20(b)(i) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereafter 'N.D.P.S. Act') on the accusation that on 30/1/2013 at about 6.30 a.m. near Chakde india Hotel Chowk on N.H.26 (Jeypore-Borigumma Road), they possessed 119 Kgs. 800 grams of Ganja in a Mini Truck bearing Regd. No.MP-42-G-0524 without any authority.

(2.) The prosecution case, in short, is that Amal Sardar (P.W.7), Sub-Inspector of Police, Jeypore Sadar Police Station received a credible information on 30/1/2013 at 5.00 a.m. about transportation of ganja in a Mini Truck bearing registration No.MP-42-G/0524 running from Baipariguda side to Raipur side. Entering the said fact in the station diary, P.W.7 proceeded to detect the case with other staffs, namely, Purusottam Jani (P.W.1), Laxman Barik, Sarat Chandra Bisoi and Chudamani Biswal, Head Constable and at about 5.45 a.m. near Chakde India Hotel Chowk, Jeypore, he intercepted the Mini Truck coming from Baipariguda side with two occupants (the appellants). After ascertaining the identity of the occupants/appellants, at their option, he requisitioned the Executive Magistrate (P.W.5) to the spot and arranged one weighing man (P.W.6) and two independent witnesses, namely, P.W.3 and P.W.4 and then, he searched the appellants and the involved Mini Truck in their presence. Besides the articles as per exhibits, Ext.4/2 contained the properties recovered on personal search of the appellants. He also recovered twenty four numbers of packets wrapped with polythene from the vehicle as per the seizure list Ext.3/2 and the articles in the packets were suspected to be Ganja. From a homogeneous mixture sample in two packets, each containing 25 grams were collected from each recovered packets. The samples were duly kept in sealed packets marked as A to X. The appellants and the seized properties were produced before the Inspector in-charge of Jeypore Sadar police station.

(3.) The appellants were charged under Sec. 20(b)(i) of the N.D.P.S. Act for unlawful possession of 119 Kgs. 800 grams of contraband ganja. The appellants refuted the charge, pleaded not guilty and claimed to be tried.