STATE OF ORISSA Vs. MURALIDHAR SAHU

JUDGEMENT

(1.) THE State in this appeal has called in question the order of acquittal passed by the learned Sessions Judge, Kalahandi -Nuapada at Bhawanipatna in G.R. Case No.9 of 1995 acquitting the respondent of the charge under section 20(b)(i) of the ND & PS Act 1985.

(2.) THE case of the prosecution in short is that on 06.01.1995 around 4 A.M. when the S.I. of Koksara Police Station (P.W.8) with A.S.I. (P.W.1), Havildar (P.W.2) and Constable of Police (P.W.3) were performing patrol duty on the road leading from Ladugaon to Ainly, they found the respondent proceeding on a cycle carrying two bundles. Out of suspicion, they chased and nabbed him. The bags emitted smell of ganja. So the S.I. of Police brought the respondent to the police station and he was made aware of his right of the search being carried out in presence of a gazetted officer and when he agreed, he was taken by P.W.8 with his cycle carrying the bundles to the residence of the Block Development Officer, Koksara. It is stated that in presence of the B.D.O. (P.W.4) after observing all required formalities search was carried out. Opening the bags those were found to contain ganja. On weighment, each bag was found to contain 12 kgs. Thus from both the bags, 24 kgs of ganja is said to have been recovered. P.W.8 then drew the samples from each bag, sealed those packets and also the bags containing the residue ganja. The samples were then sent for chemical examination. Having received the report in the affirmative, on completion of investigation, charge -sheet being submitted the respondent faced the trial.

(3.) THE respondent took the plea of denial and false implication in the case.