SURA GOUDA Vs. STATE OF ORISSA

JUDGEMENT

(1.) . The Appellant assails his conviction and sentence of 10 years rigorous imprisonment with fine of Rs. 1,00,000, in default, rigorous imprisonment for one year recorded under Section 20(b) of the N.D.P.S. Act 1985 (for short 'the Act').

(2.) THE case of the prosecution, in brief, is that on 21/22.1.2004 at about 4.00 A.M., the then S.I. of Police, Kuhudi Out Post got information from a reliable source that Ganja was being transported in a Maruti -800 Car bearing Registration No. WNW 1043 which was then parking by the road -side on N.H.S, near Jayamangalpur Chouk as one of its tyre had got punctured. Thereon, the police officer made an entry in the station diary and sent information to his higher authority through a special messenger in compliance with Section 42(2) of the Act and then left for Jayamangalpur Chouk accompanied by one constable, two Home Guards and two local witnesses collecting all of them on his way to the spot:

(3.) AS they wanted to be searched in presence of a Magistrate, the S.I. of Police sent a constable to call an Executive Magistrate and deputed one Home Guard to arrange weighing materials. On arrival of Executive Magistrate (the then Tahasildar, Tangi), the police officer conducted personal search of the two persons and recovered one Mobile from Sangram Rath and a cash of Rs. 9000 from the Appellant. Thereafter, he took search of the Maruti Car and recovered 10 nylon bags containing flowering and fruiting tops of cannabis plants. On weighment, the contents of all the nylon bags came to 160 kgs. Thereafter, he seized the nylon bags containing Ganja and collected sample from each of the bags. Observing formalities, he arrested the two persons and sent the sample Ganja for chemical examination. On completion of investigation, charge sheet was submitted against both the persons under Section 20(b) of the N.D.P.S. Act. Both the persons were charged under Section 20(b) of the Act & were tried jointly. In the midst of the trial, Sangram Rath jumped bail whereupon the trial against Sangram Rath was split up vide Order Dated 20.2.2006. On conclusion of trial Sura Gouda, the present Appellant, was convicted & sentenced as afore -stated.