DILLIP KUMAR SABAT Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellant cha- llenges the judgment by which he has been convicted for offence under Section 2 (b) of NDPS Act for unlawful possession of 73 grams of flowering materials of ganja plant and the order of sentence of rigorous imprisonment for a period of one year passed by learned Sessions Judge, Sambalpur in S. T. Case No. 134 of 1990.

(2.) Prosecution case is that on 9-2-1990, Mr. Dinabandhu Behera Circle Inspector of Police, Rairakhol got credible information that the appellant was dealing with ganja in his betel shop in Ratha Sahi Rairakhol Town and therefore he went and searched the betel shop of appellant at 9.20 p.m. and seized 70 grams of ganja and chillams kept in a battery packet and some modaks kept in one Amul daba. It is stated that he drew up the plain paper FIR Ext-2 at the spot.

(3.) The appellant took a plea of denial and false implication.