BRAHMANANDA ROUT Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellant having been convicted for commission of offence under Section 18 and 20(b)(i) of the N.D.P.S Act and having been sentenced to undergo R.I. for ten years and to pay a fine of Rs. 1,00,000.00 in default to undergo further R.I. for two years for his conviction under Section 18 and further sentenced to imprisonment for three years and to pay a fine of Rs. 5,000.00, in default to undergo R.I. for one month for his conviction under Section 20(b)(i) of the Act has preferred this appeal.

(2.) The case of the prosecution is that on 27-6-1997 at about 1.00 a.m. the S.I. of Excise, PW 2 on receiving information about transportation of opium and ganja by the accused appellant from his village Narendra-pur to Naganpur Hat, recorded the same in his Information Register and after consulting with the Deputy Commissioner of Excise, he left Cuttack along with his Inspector, PW 1 and one B.K. Mishra (his staff), A.P.R. Force and Executive Magistrate Gokul Chandra Jena and arrived at Narendrapur Gada at about 3.30 p.m. He had received, the information of probable transportation of opium and ganja by the accused and he communicated the copy of the information to his immediately superior B.D. Mishra, Inspector at the spot. The raiding party found the accused coming towards them from the side of Narendrapur village riding one Luna Moped without having any registration number. On seeing the accused, PW 2 in presence of witnesses detained him who got down from the vehicle and suddenly brought out one iron farsa which was hanging on the left side handle of his Luna and attempted to attack PW 2 and other members of the raiding party, he was caughthold of and the farsa was snatched away from him. In presence of the witnesses and the Magistrate, PW 2 gave his identification to the accused and told that he is suspecting him to be in possession of narcotic substances and wanted to search him and gave him an option and wanted to know as to whether the accused wants to be searched in presence of a Gazetted Officer or a Magistrate. The accused having exercised his option and told that he has no objection to be searched in presence of a Magistrate, the search was carried out after giving personal search of the raiding party. On search 0.125 K.g. opium wrapped in a polythene sheet kept in the lungi worn by the accused was recovered from the waist and one Khaki coloured big cloth bag containing 3.500 K.gs. of ganja hanging in the clamps of the handle of the Luna was also seized. Thereafter, P.R. was submitted and the accused faced trial. The plea of the accused-appellant is complete denial of the entire occurrence.

(3.) Prosecution examined three witnesses who are all official witnesses and on the basis of their evidence, the learned Ist Addl. Sessions Judge, Cuttack convicted the appellant for the commission of the offence as stated above and sentenced him to undergo imprisonment as indicated earlier.