SANKAR PENTHEI Vs. STATE OF ORISSA

JUDGEMENT

(1.) IN this appeal the appellant assails the judgment and sentence dated 21.6.2014 passed by learned Sessions Judge -cum -Special Judge, Khurda at Bhubaneswar in T.R. Case No. 85/2004 convicting him under Section 15(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the "Act" for brevity) and sentencing him to undergo R.I. for ten years and to pay a fine of Rs. 1,00,000/ - in default to undergo R.I. for a further period of two years.

(2.) THE prosecution case in brief is that on 12.8.2004 at 7.30 P.M. the then I.I.C. of Nayapalli Police Station, Sri Raja Kishore Paikaray (P.W.3), received an anonymous telephone call at the police station that one unknown person got down from a Baramunda bound bus at the Fire Training Centre Square and suspected to be in possession of poppy straw. On receipt of the information P.W.3 entered the same in the station diary and intimated the S.P., Khurda over telephone and also in writing and requested the S.P., Khurda to depute a Gazetted Officer to the spot. Thereafter P.W.3 along with S.I. Satyajit Mishra (P.W.9), S.I.H. Khan and A.S.I. U.K. Sahoo (P.W.8) proceeded to the spot and on arrival at the spot they found the accused standing with four gunny bags kept near him. Thereafter they surrounded the accused and after arrival of the D.S.P. Sri D.N. Satapathy (P.W.1), P.W.3 obtained the consent of the accused to be searched in presence of a Gazetted Officer and on search poppy straw was found inside the four bags kept near the accused. S.I.H. Khan was deputed to bring one weigh man and the materials for sealing and one weigh man Ashok Mohapatra (P.W.4) arrived at the spot along with the weighing materials. The poppy straw containing in those four bags were weighed by P.W.4 and the total weight was found to be 69.5 kgs. The two sample packets from each bag each weighing 100 grams were collected and the main bulk as well as the sample packets were sealed by using the personal seal of P.W.3 and paper slips containing the signatures of the witnesses, accused and other police officers were affixed on each of the four main bulks and 8 sample packets. The four gunny bags (M.Os. 1 to IV) and the 8 sample packets (M.Os. V to XII) were seized in presence of the witnesses and a copy of the seizure list was made over to the accused. The brass seal in which the articles were sealed was released in zima of witness Ramesh Chandra Sahoo (P.W.2). P.W.3 drew up plain paper F.I.R. at the spot and directed S.I. Satyajit Mishra (P.W.9) to take up investigation.

(3.) THE defence plea is complete denial of the occurrence and false implication.