BIJOY KUMAR NAIK Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellants having been convicted for offences under Sections 15 and 25 of the N.D.P.S. Act by the learned Sessions Judge, Balasore in S.T. No. 3/1990 sentenced to undergo rigorous imprisonment for a period of 10 years with payment of fine of Rs. 1,00,000/- in default to undergo rigorous imprisonment for two years, have preferred this appeal.

(2.) Prosecution case is that one Krutibas Behera A.S.I. of Police was doing patrol duty on Gopalpur-Anantapur road on 10.12.1988. He had been to that place in connection with Khantapada P.S. Case No.110 of 1988 to have a close watch over the movement of dacoits and criminals connected with the said case. It is around 5 P.M., he noticed a jeep bearing registration No. W.B.A. No. 733 coming from Gopalpur side. It stopped near Sahaspura. This A.S.I. then checked the jeep and found the appellant No. 2 to be there on the driver seat when other two accused persons were sitting as occupants. He made an inspection of the jeep and then could find nine gunny bags packed with poppy straws to be there in the jeep. On demand the appellants could not produce any authority for the said transportation. The appellant No. 2 also failed to produce the driving license and other papers relating to the ownership of the jeep. So, he seized those nine bags containing poppy straws and also the jeep in presence of the witnesses. Each of the gunny bags was then found to contain 50 kgs. of poppy straws. The A.S.I. Mr. Behera having prepared seizure list then took the seized articles as well as the appellants to the Khantapada Police Station. Basing on that the O.I.C., Khantapada Police Station registered the case and took up investigation. The appellants were arrested. He then drew samples from out of the contains of each of the gunny bags, which were lying in the jeep. The samples were sent for chemical examination to the Forensic Science Laboratory, Bhubaneswar. The analysis ultimately reported the samples as poppy straws.

(3.) He also submitted necessary information. On completion of investigation charge-sheet having been placed against the appellants, they faced the trial. During trial the appellants took the plea of complete denial.