CHANDA Vs. STATE OF ODISHA

JUDGEMENT

(1.) IN this appeal the Appellant assails the Judgment dated 5.2.2009 passed by Learned Addl. District & Sessions Judge -cum -Special Judge, Jajpur in G.R. Case No. 835/2004 convicting him under Section 21(c) of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter referred to as the "Act" for brevity) & sentencing him to undergo R1. for twelve years & to pay a fine of Rs. 1,00,000, in default of payment of fine, he is to undergo R.I. for six months. The prosecution case in short is that on 23.8.2004 one Krushna Chandra Palei was attached to Bayree Out Post as an S.I. of Police. On that date, he was camping at Chhatia. At about 5.30 A.M., he received an information regarding sale & storage of brown sugar by the accused in his house at Chuapadia. The said S.I. of Police reflected this information in the station dairy of Chhatia Beat House vide Entry No. 340 dated 23.8.2004. Then he send a written information as per Ext. 25 in this regard to the I.I.C. of Badachana P.S., who was his immediate superior Officer & requested him over phone to depute sufficient staff including a woman constable for further action. On arrival of police staff, the S.I. proceeded to the spot with two independent witnesses. He explained the independent witnesses about the purpose of their visit.

(2.) THE Police reached the house of the accused at 6.30 A.M. Being called, the accused & his parents came out of the house. The S.I. introduced himself, the accompanying police staff & independent witnesses to the accused & his parents & expressed his intention to search their house as he had information regarding storage of brown sugar. The accused was given an option for search of his house in presence of an Executive Magistrate or a Gazette Officer, vide Ext. 13. The accused extended his consent for search of his house in presence of an Executive Magistrate, vide Ext. 14. Accordingly, the S.I. send requisition to the Sub -Collector, Jajpur through a Special Messenger for deputation of an Executive Magistrate to the spot, vide Ext. 26. At 12.30 noon, the Executive Magistrate arrived there. He was introduced the accused. After observing all paraphernalia, the house of the accused was searched. On search, three polythene packets were recovered from below the bed of the accused. Out of those three polythene bags, one was containing brownish white powder, the second was containing white colour powder & the third one was containing gray colour powder.

(3.) SINCE the accused could not explain anything regarding his exclusive possession of the brown sugar as stated above, the S.I. of Police lodged a plain paper F.I.R. addressed to the I.I.C. of Badachana P.S. as per Ext. 27. Basing on the F.I.R., investigation was taken up. During course of investigation, the samples of the seized brown sugar & the specimen seal impression were sent through the Court to the Director of Chemical Examiner, Government of Odisha, SFSL, Rasulgarh, Bhubaneswar for chemical examination & report under Ext. 42. On examination of the sample, it was opined by the Chemical Examiner that the samples were containing heroin. After completion of investigation, finding a prima facie case under Section 21(c) of the Act, the Investigating Officer has submitted charge sheet against the accused. Accordingly, the accused was sent up for trial before the Special Judge.