LAWS(ORI)-2013-5-29

SARAT PRADHAN Vs. STATE OF ORISSA

Decided On May 08, 2013
Sarat Pradhan Appellant
V/S
STATE OF ORISSA Respondents

JUDGEMENT

(1.) THE four appellants in this appeal have challenged the order of conviction and sentences passed against each of them in Special Case No. 1 of 2007. The appellants, namely, Sarat Pradhan, Sanjay Pradhan and Sanjib Pradhan were convicted for the offence under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as the 'N.D.P.S. Act') and each of them were sentenced to undergo rigorous imprisonment for 10 years and to pay fine of Rs. 1,00,000/ - each in default to undergo imprisonment for two years. Similarly, the accused appellant Ahalya Pradhan was convicted under Section 25 of the Narcotic Drugs and Psychotropic Substances Act and sentenced to undergo rigorous imprisonment for 10 years and to pay fine of Rs. 1,00,000/ - in default to further undergo imprisonment for two years. The case of the prosecution is that on 16.3.2007 at 11 A.M. Mr. Raghunath Das (P.W. 7), who was Officer -in -charge of Baunsuni Police Station received reliable information that the appellants Sarat Pradhan, Sanjay Pradhan and Sanjib Pradhan of village Bahira under Baunsuni Police Station limits to have stored 'Ganja' illegally in their godown at Tainjan Chhaka. On receipt of such information P.W. 7 entered those facts in the Station Diary Book vide Entry No. 343 dated 16.3.2007 and sent VHF message to C.I. of Police, Boudh. On receipt of instruction from the C.I. of Police, Boudh over VHF P.W. 7 after making Station Diary Entry No. 348 proceed to the spot along with A.S.I. of Police Sri N.K. Sarangi to raid the premises. P.W. 7 sent a requisition to the local R.I., Baunsuni to accompany him to the spot and to demarcate the spot and also request was made to the Sub -Collector, Boudh to depute one Executive Magistrate to remain present at the spot during search and seizure. It is the further case of the prosecution that at 11.30 A.M., P.W. 7 along with A.S.I. of Police, N.K. Sarangi, R.I., Baunsuni proceeded to the spot and reached there around 11.50 A.M., P.W. 7 called two local witnesses, namely Chittaranjan Sahu (P.W. 2) and Niladri Mahakud (P.W. 1), Gunadhar Sahu, the R.I. Baunsuni (P.W. 12) and apprised them, the purpose of visiting the spot and asked them to assist him in conducting the raid of the godown house of accused Sarat Pradhan of Tainjan Chhaka. P.W. 2 identified the said godown to be raided by P.W. 7 which was confirmed by P.W. 12 the local R.I., Baunsuni. It was found that the godown in question stood recorded in the name of appellants Sarat Pradhan, Sanjay Pradhan and Sanjib Pradhan who are the sons of appellant No. 4 Ahalya Pradhan. Around 1.00 P.M. Smt. Susama Barik, (P.W. 6), the Executive Magistrate, Boudh arrived at the spot and she was informed by P.W. 7 about the storing of Ganja in the locked spot house. Personal search of P.W. 7 and all the witnesses were given before the Executive Magistrate (P.W. 6) and nothing incriminating could be recovered from their person. Thereafter, P.W. 7 broke open the lock of the godown and recovered three bags of Ganja from the southern side room of the godown. On weighing the three bags containing Ganja in presence of the witnesses it was found in the bag marked 'A' there were 11 Kilograms of Ganja. The 'Ganja' contained in the bag marked 'B' weighed 14 Kilograms and the bag marked 'C' was found containing 15 Kilograms of Ganja on being weighed. P.W. 7 collected two samples of Ganja weighing 50 Grams each from each of the 3 bags. Thereafter P.W. 7 stitched all the Ganja packets and sample packets and sealed the same with his personal brass seal and sealing wax and the specimen brass seal impression were affixed to the paper slips marked D and D/1. The seizure list was prepared at the spot. The paper slips attached to the Ganja bags as well as its sample packets was containing the signature of the Magistrates as well as the witnesses. Plain paper F.I.R. was drawn up by P.W. 7 at the spot and was sent to Baunsuni Police Station for registration of the case. The C.I. of Police, Boudh who was camping at Baunsuni on receipt of the plain paper F.I.R. (Ext. 13) registered Baunsuni P.S. Case No. 25 of 2007 and took up investigation. Police on completion of investigation placed charge sheet against the appellants to stand their trial.

(2.) THE plea of the four appellants was that of complete denial of seizure of any Ganja from their possession and it is their further plea that they have been falsely entangled in this case. It is also their plea that the house which was said to have been searched situate 2 kilometers away from their residential house and they do not live in that house. It is also their further plea that out of those two rooms of the house raided one room has been given on rent to one Sasibhusan Patra where he had opened a grocery shop and the other room was lying vacant.

(3.) THE learned Special Judge, Boudh on consideration of the evidence as laid by the prosecution about the seizure of Ganja which the appellants had stored in their godown convicted the appellants and passed the impugned sentences.