STATE OF ORISSA Vs. MOCHIA GOUDA

JUDGEMENT

(1.) The State has challenged the judgment passed in S.C. No. 14/95 by the learned 1st Additional Sessions Judge, Berhampur acquitting the respondent of the charge for offence under Section 20 (a) and (b) (i) of the N.D.P.S. Act, 1985.

(2.) Prosecution case, in short, is that on receiving information, the Officer-in-Charge of Badagada Police Station on 28.11.1994 around 6.30 P.M. reached village Karatali. The information was to the effect that the respondent had raised Hemp (Ganja Plants) at backyard (bari) of his house. The police personnel, having arrived there, raided the house and finally detected that two Hemp Plants deeply rooted to the earth on the bari of the respondent. Thereafter, the plants were cut at their roots and seized. Samples were collected from the flowering and fruiting portion of the plants, sealed at the spot in presence of the witnesses and others followed by seizure.

(3.) The samples were sent to the chemical examiner and the report was received in the affirmative. Finally charge-sheet was filed placing the respondent for trial in the court of law for the above offences.