LAXMI BEHERA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellant from inside the jail has preferred this appeal challenging the judgment of conviction recorded against her for commission of offence under Section 20 (b)(ii)(B) of ND & PS Act and the order of sentence directing her to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs. 25,000/- with default stipulation to undergo imprisonment for one year.

(2.) Prosecution case is that on 26.02.2004, when S.I. of Police, Mr. Madhusudan Mallick was on duty in the traffic out post, Berhampur, it was around 4.20 pm, he got telephonic information to the effect that one lady suspiciously standing at the City Hospital bus stop carrying a bag containing ganja. So, he immediately passed on the information over telephone to Berhampur Town Police Station and then without further delay proceeded to the City Hospital Road with one Havildar, Mr. Trilochan Sahu (P.W. 2) and Constable, Pratap Badtia (P.W. 3). Before that he had made necessary entry of said information in the station diary book of the traffic out post. On their arrival, they found the woman standing there carrying an air bag. On being asked, she disclosed her identity giving out her name as Laxmi Behera and to have taken residence at Badasahi of Chatrapur. On being further asked, she confessed to have been carrying ganja in the said bag. So, two local witnesses were called and in their presence, the lady was again asked about her identity and about the contents of the bag when it is said that she reiterated as before. She was then asked to exercise option of being searched in presence of Gazetted Officer or a Magistrate and on being opted to be searched in presence of the Gazetted Officer, necessary requisition was sent to the S.P., Berhampur for the purpose as well as another to the IIC, Berhampur PS. to depute a lady constable. Pursuant to the same, D.S.P., Berhampur Mr. P.M. Swain and woman Constable, Laxmilata Behera arrived. Thereafter observing all other formalities, .search was conducted. The bag being searched was found to contain ganja and it was then weighed and two parts each containing 50 grams were collected for the purpose of sample and those were packed in packets and so also residue ganja. Necessary seizure was made followed by preparation of seizure list. P.W. 1 then prepared a report and made over the same to IIC, Berhampur Town Police Station who took up the investigation after registering the case and he also took charge of the seized contraband articles and other contemporaneous documents. The sample packets were then sent for chemical examination. After completion of investigation, the respondent was placed for trial for commission of offence under Section 20(b)(ii)(B) of ND and PS Act.

(3.) During trial prosecution examined nine witnesses, whereas the defence examined none. S.I. of police who made the seizure and lodged the F.I.R. has been examined as P.W. 1. P.W. 2 and 3 are the police Havildar and Constable respectively, who had accompanied P.W. 1 to the spot. An independent witness has been examined as P.W. A. The woman Constable who conducted personal search of the respondent has come to the dock as P.W. 8. S.I. of police in-charge of Malkhana who had received the ganja for safe custody in the malkhana has been examined as P. W. 7. P. W. 5 is another police Constable and a witness to the seizure of malkhana register whereas P.W. 6 is the police Havildar and witness to the seizure of station diary book from the traffic out post. The investigating Officer has appeared at the end as P.W. 9.