MIHIR KUMAR DAS Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE appellant (since dead) being aggrieved by the judgment of conviction and order of sentence passed by the learned Special Judge -cum -Sessions Judge, Khurda at Bhubaneswar had preferred this appeal challenging his conviction for offence under Section 20(b)(i) of NDPS Act and sentence of rigorous imprisonment for a period of two years as well as fine of Rs. 500/ - with default stipulation to undergo rigorous imprisonment for three months.

(2.) PROSECUTION case is that on 31.08.1991 around 3.45 P.M. the inspector -in -charge of Chandrasekharpur Police Station, Bhubaneswar got a telephonic message from one Ashok Choudhury, the then Inspector -in -charge of Capital police station, Bhubaneswar that he has detected a person who stated before him to have procured ganja from the appellant residing in Qr. No. 25 of Press Colony, Chandrasekharpur, Bhubaneswar and that the appellant was in possession of ganja in his quarter. Having entered this information in the station diary book of the police station, information was immediately passed on to the zonal DSP to arrive at Chandrasekharpur Police Station while further informing the Superintendent of Police, Khurda in writing. The DSP then arrived when the IIC, Chandrasekharpur Police Station informed him all about the information received by him. Thereafter, DSP being accompanied by IIC, Chandrasekharpur Police Station as well as other police personnel and two independent witnesses namely, Janakar Sahoo and Subash Chandra Ray went to the press colony. The raiding party members arrived in front of the said quarter at about 4.30 P.M. They went near the entrance door of the quarter in occupation of the appellant when the appellant came out of his quarter. So, the DSP in presence of witnesses conveyed him the information received regarding the illegal possession of the contraband ganja by him in the said quarter. He also expressed his intention to search the said house. Next he told the informant to opt as to if he wanted the search to be conducted in presence of Magistrate and Gazetted Officer and the appellant then opted for the search by the IIG in presence of others. Accordingly, the house was searched on search, a polythene bag containing contraband ganja and one green coloured containing cash, two weighing balances, weight, one small iron khanati and photo identity card of the appellant were recovered from his bedroom, near the place where the idols and portraits of the deities were kept for worship.

(3.) THE trial Court recording the evidence in order to answer as to whether the appellant was in illegal possession of 250 grams of ganja said to have been seized on 31.10.1991 from the quarter in his occupation situated at Press Colony, Chandrasekharpur, Bhubaneswar has gone to analyze and evaluate the evidence on record and finally has answered the above point in favour of the prosecution holding that the prosecution has well proved it's case against the appellant for having been in illegal possession of 250 grams of ganja in the quarter allotted to him by the Government situated at the Press Colony, Chandrasekharpur, Bhubaneswar. Thus, the appellant has been convicted for above offence and sentenced as stated above, the defensibility of which are called in question in this appeal.