(1.) The appellant Rabindra Mallik along with co-accused Prafulla Mallik faced trial in the Court of the learned Sessions Judge -cum- Special Judge, Ganjam, Berhampur in 2(a) C.C. No.07 of 2011N (T.R. No.12 of 2011) for offence punishable under Sec. 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereafter 'N.D.P.S. Act') on the accusation that on 2/7/2011 at about 7.00 a.m. in front of Manikeswari Dhaba, Patiguda Chhak, they were found in possession of 279 kgs. of contraband ganja (cannabis) contained in nine white coloured plastic bags in a white coloured Indigo CS Car bearing registration No.OR-02AU-8211 in contravention of the provisions of Sec. 8(c) of the N.D.P.S. Act. The learned trial Court vide impugned judgment and order dtd. 22/3/2016/26/3/2016, found both the accused persons guilty of the offence charged and sentenced each of them to undergo rigorous imprisonment for a period of twelve years and to pay a fine of Rs.1,00,000.00 (rupees one lakh), in default to pay the fine, to undergo rigorous imprisonment for two years.
(2.) The prosecution case, in short, is that on 1/7/2011 on receiving credible information from reliable sources as regard to illegal transportation of ganja from Taptapani side to Berhampur area, the S.I. of Excise, E.I. and E.B., Unit-II (S.D.), Berhampur Sri Sarat Chandra Bhanja (P.W.4) recorded the information and intimated to the higher authority i.e. Inspector in-charge of E.I. and E.B., Unit-II(S.D.), Berhampur and as per his instruction, he proceeded along with his staff for patrolling duty to work out the information. While P.W.4 was performing patrolling duty at Manikeswari Dhaba near Patiguda Chhaka, he noticed one white coloured Indigo CS car was coming from Taptapani side and proceeding towards Digapahandi. On suspicion, P.W.4 detained the car bearing registration No.OR- 02AU-8211 and saw that the co-accused Prafulla Mallik was driving the vehicle and the appellant was sitting in the front seat of the car. P.W.4 disclosed his identity in presence of the available witnesses and asked about the jerry bags, but the appellant and the co-accused remained silent for which P.W.4 doubted that the white coloured jerry bags might be containing some narcotic substances. P.W.4 offered the appellant and the co-accused an opportunity in writing whether they wanted to be searched before the Magistrate or Gazetted Officer but in response, both the appellant and the co-accused submitted in writing giving their consent to be searched by P.W.4 in presence of the available witnesses at the spot. Accordingly, after observing all formalities of search in presence of available witnesses, P.W.4 searched the appellant and the co-accused and recovered nine white coloured jerry bags each containing ganja from the exclusive and conscious possession of the appellant and the co-accused kept in the backside seat and dickey of the car. Thereafter, to conduct some preliminary tests, P.W.4 set fire in some portion of the ganja taking it from the jerry bags and rubbing it in his palm and also examined the flowering and fruiting tops of the ganja kept in the jerry bags and from his departmental experience and training, he came to the conclusion that the same were nothing but contraband ganja. On weighment of the jerry bags, the jerry bags marked as Sl. Nos.1 and 2 were found to have contained 32 kgs. of ganja, jerry bags having Sl. Nos.3 to 7 were found to have contained 31 kgs. of ganja and the jerry bag Sl. No.9 was found containing 29 kgs. of ganja i.e. in total 279 kgs. of ganja. Thereafter, P.W.4 seized the ganja kept in the jerry bags from the exclusive and conscious possession of the appellant and the co-accused and also the Indigo CS car. He sealed the ganja bags by affixing paper slip and his personal brass seal and thereafter, gave the metallic seal in zima of Excise Constable Brajabihari Nayak (P.W.2) and then prepared the seizure list at the spot and explained the contents of the same to the appellant and the co-accused and the witnesses. The appellant and the co-accused admitted their guilt but did not disclose the source of supply and then P.W.4 made over a copy of the seizure list each to the appellant and the co- accused and obtained their signatures on the reverse of the seizure list in token thereof. P.W.4 informed the relatives of the appellant and the co-accused regarding illegal possession and transportation of ganja by them and they were arrested for illegal transportation of ganja without any authority in contravention of Sec. 8 and punishable under Sec. 20(b)(ii)(C) of the N.D.P.S. Act.
(3.) The appellant along with co-accused Prafulla Mallik were charged under Sec. 20(b)(ii)(C) of the N.D.P.S. Act for illegal transportation of 279 kgs. of contraband ganja (cannabis) containing in nine white coloured plastic bags in a white coloured Indigo CS car bearing registration No.OR-02AU-8211, which they refuted, pleaded not guilty and claimed to be tried.