SHYAMASUNDAR PALEI Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order of conviction passed by the learned Sessions Judge. Puri convicting the appellant Under Section 21 of the Narcotic Drugs and Psychotropic Substances Act and sentencing him to undergo imprisonment for 10 years and pay fine of rupees one lakh.

(2.) THE case of the prosecution is that on 1.8.1999 at about 2.30 P.M. the Officer in Charge of Town Police Station. Puri received information that the appellant was selling drugs near Puri Singhasthan Kaibartya Sangha and on receipt of such information he entered the same in the Station Diary as Entry No. 10 on that date. Thereafter, the Officer in Charge passed the information to the Town Inspector, Puri. a Gazetted Officer and requested him to proceed to the spot to witness search and seizure along with other Police Officers. When the O.I.C. reached at the spot, he found the appellant surrounded by Police party on suspicion and the appellant disclosed his identity and was also identified by witnesses. Thereafter, the O.I.C. explained the appellant his intention to search him on suspicion of possession of narcotic drugs and on being given a choice, the appellant offered to be searched in presence of an Executive Magistrate or Gazetted Officer and also agreed to be searched in presence of the Town Inspector, Puri who is a Gazetted Officer. Thereafter, the personal search of the appellant was taken and one small polythene packet containing brown sugar was found kept in the right side waist concealed in a napkin. The appellant having failed to produce any authority supporting possession of narcotic drugs, the same was seized and on weighment, it was found to be 2 grams and 300 miligrams. Thereafter, the seizure of packet containing signature/ L.T.I. of the appellant and the witnesses to seizure was prepared and copy of the same was made over to the appellant. The brass adal used in sealing was left in zima of a witness and the appellant was arrested after explaining him the ground of arrest. Thereafter, on a written report of the O.I.C, the case was registered and investigated by S.I. of Police. The seized brown sugar was also sent for chemical examination and thereafter on completion of investigation, charge sheet was submitted for commission of offence Under Section 21 of the N.D.P.S. Act.

(3.) ON consideration of the evidence adduced; on behalf of the prosecution and relying on the evidence of P.Ws. 4, 5 and 6, the learned Sessions Judge, found the appellant guilty of the charge and convicted him. So far as compliance of mandatory provision such as Sections 42, 50 and 55 of the Act are concerned the learned Sessions Judge categorically found that all the mandatory provisions had been complied with prior to and at the time of search and seizure.