PADI @ PRADEEPTA ROUT Vs. STATE OF ORISSA

JUDGEMENT

(1.) In these two appeals, the convicts in G.R. Case No.1320 of 2002 of the court of Additional District Judge-cum-Special Judge, Jajpur have assailed the judgment of conviction and order of sentence passed by the said court on 01.08.2006. The appellants have been convicted under Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the N.D.P.S. Act) and sentenced to undergo rigorous imprisonment for 12 years each and pay fine of Rs.1,00,000/- each, in default to undergo R.I. for two years each.

(2.) In short, the case of the prosecution is that on 12.12.2002, at about 5 A.M., the S.I. of Police, Sri S.K. Mallik attached to Byree out post got reliable information about the accused persons transporting brown sugar from village Koitha towards Puri via Chhatia by bus. He made entry of the information in the station diary and intimated the same to the IIC of Barachana Police Station. Thereafter, he proceeded to Chhatia Bus stand along with police constables K.K. Mohapatra and N.C. Mohanty and one Gramarakhi.

(3.) While proceeding ahead, he found that two accused persons coming to the bus stand holding a bag each. The police personnel rounded the two accused persons. They found that the bag held by accused Debendra contained one packet and the bag held by the accused Pradipta contained one big and one small packets suspected to have contained brown sugar. Thereafter, the police called for the witnesses Harekrushna Pradhan and Sankar Samantaray, who were present at the spot. By then, the IIC of Barachana Police Station arrived at the spot. At the instance of the accused persons, requisition for deputation of Executive Magistrate was sent. The accused persons and the witnesses were brought to Chhatia police check post for safety.