STATE OF ORISSA Vs. SUDHANSU SEKHAR JENA @ BULU

JUDGEMENT

(1.) The State in this appeal has called in question the order of acquittal passed by the learned Additional Sessions Judge, Jeypore in S.C. No. 101 of 1994 acquitting the respondent of the charge under Section 20(b)(i) of N.D. & P.S. Act.

(2.) The prosecution case is that on 27.08.1994 at about 8.00 PM, the OIC Kotpad Police Station received some credible information regarding some people carrying ganja bags and going from Chitrakonda side to Bargaon side. So, he having made necessary station diary entry to that effect 'proceeded to village Surli with other staff. They waited and remained on guard at the place during the night. Next morning around 6.00 A.M.' they saw 26 persons carrying 'bharas' proceeding towards Bargaon side on foot through the paddy fields. Suspecting those persons carrying ganja, they chased them and the S.I. of Police, Mr. M.S. Behera caught hold the respondent who was also carrying the 'bhara'. He was produced before the O.I.C., who was camping there. The respondent then disclosed his identity being asked. He was also told about the right of his option available for being searched in presence of the Gazetted Officer or Magistrate, and when replied in negative, the O.I.C., (P.W.6) made search after observing all formalities and seized bhara which was carrying the load of loaded with two gunny bags and each bag was found to be containing 15 Kgs. of ganja. Seizure list was prepared vide Ext 1. Thereafter P.W.6 collected 25 grams of ganja from each bag and prepared two separate packets for the purpose of sample and then packed those. The bags containing residue ganja were then sealed and so also the sample packets. It is said that a coin of denomination of 25 paisa was used for the purpose of sealing. The respondent was arrested and plain paper FIR, Ext.6 was drawn up at the spot. On their return to the police station, necessary case was registered on the basis of said Ext.6 and intimation was given to the Circle Inspector of Police, Boriguma regarding said search, seizure and arrest of the respondent. The Circle Inspector of Police then took the charge of the investigation from P.W.6. In course of the investigation, he forwarded the respondent to the Court; samples were sent for chemical examination through the J.M.F.C., Kotpad. Report from the chemical examiner, Ext. 5 being received confirming the contents of the sample packets to be ganja, the charge sheet was placed against the respondent and accordingly, he faced trial for the above offence.

(3.) The plea of the respondent is complete denial and false implication.