PARITOSH DASH Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE accused having been convicted for the offence under Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the NDPS Act') and sentenced to undergo rigorous imprisonment for 20 years and to pay fine of Rs. 2,00,000/ -, in default to undergo further R.I. for five years has assailed his conviction and sentence in this appeal. The conviction has been recorded by the learned Addl. Sessions Judge -cum -Special Judge, Malkangiri in Criminal Trial No. 51 of 2006. Judgment has been pronounced on 03.07.2007.

(2.) THE case of the prosecution is that, on 23.03.2006, the OIC of Malkangiri Police Station received reliable information about the possession of ganja by the accused -Paritosh Dash in village M.V. 83. The said Police Officer after making station diary sent the intimation to his immediate superior in writing. Such information has been sent to the C.I. and Superintendent of Police, Malkangiri through special messenger. The officer was of the opinion that there was danger of accused escaping with the ganja. He along with his staff reached the spot, M.V. 83 at 11.30 a.m. and detected some gunny bags numbering about fourteen on the verandah of the house of the accused. He asked the accused about the contents of those gunny bags and accused replied that ganja was inside the gunny bags and that he procured the same from Dyke -III side.

(3.) IN order to prove its case, prosecution examined seven witnesses. P.W. 6 is the Investigating Officer, who prepared seizure list. P.W. 2 happens to be the Executive Magistrate. P.W. 1 is a local villager. P.W. 3, is an ASI, who accompanied raiding party. P.W. 4 is a witness to the seizure of command certificate. P.W. 5 is the constable, who accompanied the raiding party. P.W. 7 is a witness to the seizure of the Patta of the house in question. The defence examined one witness on its behalf, namely, Amal Mazumdar.