LAXMIDHAR MOHAPATRA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE appellant stands convicted Under Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in brief, 'the Act') and sentenced to undergo rigorous imprisonment (for 10 years and to pay a fine of rupees one laKh with defaulting sentence.

(2.) ON getting confidential information that the appellant was engaging himself in illicit trafficking of heroin, the police squad consi - sting of B. Rath, Inspector, C. I. D. (Crime Branch), Cuttack, another Inspector. Deputy Superintendent of Police and Ors. raided the grocery shop of the appellant attached to his house at Labanikhia Chhak in Puri on 4 -1 -1990 at about 10. 30 a. m. . In course of search of the shop in presence of the appellant, heroin weighing 7 -5 grams kept inside one Amul Spray tin which contained black pepper was recovered. The said contraband article was seized and after taking sample, the same was sent for chemical examination. The Chemical Examiner reported that it was heroin (diacetvl morphin). After completion of investigation, the appellant was placed for trial to face charge Under Section 21 of the Act which has ended in conviction and sentence as aforementioned.

(3.) PROSECUTION examined four witnesses on its behalf. PW 1 was a witness to the seizure. PWs 2 and 3 were respectively the Constable and the Inspector attached to the C. I. D, (Crime Branch), Orissa, Cuttack in Narcotic Squad. PW 4 was the Deputy Superintendent of Police attached to Crime Branch, Cuttack. All the aforesaid three police personnel were witnesses to the search and seizure of the heroin recovered from the possession of the appellant. It may be noted here that the Inspector B. Rath expired just before the commencement of the trial.