STATE OF ORISSA Vs. PUROSOTTAM BEHERA

JUDGEMENT

(1.) The State in this appeal has called in question the order of acquittal passed by the learned Special Sessions Judge, Ganjam-Gajapati, Berhampur in S.C. No. 17 of 1995 acquitting the respondent of the charge under Section 20(b)(i) of the ND & PS Act, 1985.

(2.) The case of the prosecution in short is that on 14-3-1995 morning around 6.30 a.m. Mr. R. P. Behera, the then Officer-in-Charge, Nuagaon police station (P.W. 1) received credible information about illegal transportation of ganja by a person in a bus bearing registration No. OAG-44 (locally known as Chapala). Therefore, he entered the said information in the station diary book of the police station and passing it over to the Circle Inspector of Police, Berhampur over telephone and then sending a report through Grama Rakhi, he with S.I. of Police Mr. S. Satpathy (P.W. 6) left for Dhanghar crossing in order to ascertain the truth behind said information. The bus arrived there around 7.30 a.m. P.Ws. 1 and 6 with two others who have been examined as P.Ws. 2 and 3 then entered into the bus and found the respondent travelling by sitting inside the bus in an assigned seat keeping a jari bag on his lap. P.W. 1 then disclosed his identity and asked the identity of the respondent. He also disclosed his intention to search the bag as he suspected the same to be containing ganja on account of peculiar smell. The respondent thereafter was asked whether he wanted that the search be conducted in presence of Magistrate or Gazetted Officer and when the respondent replied in the negative and opted that the bag be searched by P.W. 1, search was so carried out. The contents of the jari bag found to be 1 kg. 500 grams are said to be ganja by P.W. 1 and others. Thereafter, 100 grams of ganja was collected as sample therefrom which was kept in a packet and then sealed by P.W. 1 by using his brass seal. The jari bag containing the residual ganja was also sealed and the seal was given in zima of P.W. 3. The respondent therefore was arrested and P.W. 1 having drawn up plain paper FIR Ext. 3 directed P.W. 6 to take up investigation which he did. On return to the police station in the evening around 8.30 p.m., the case was registered and the respondent was forwarded to Court in custody along with the sample packet etc. with prayer to the Court to forward the same for chemical examination which was so done. On completion of investigation, charge-sheet being submitted, respondent faced the trial for commission of offence under Section 20(b)(i) of ND & PS Act.

(3.) The respondent took the plea of denial and false implication in the case.