LAWS(ORI)-2024-5-114

SUKA PARIDA Vs. STATE OF ODISHA

Decided On May 01, 2024
Suka Parida Appellant
V/S
STATE OF ODISHA Respondents

JUDGEMENT

(1.) The Appellants, by filing this Appeal, have called in question the judgment of conviction and order of sentence dtd. 20/5/2016 passed by the learned Additional Sessions Judge and Special Judge, Phulbani in G.R. Case No.41 of 2015 corresponding to Phiringia P.S. Case No.37 of 2015.

(2.) The prosecution case, in short, is that on 19/4/2015, the Sub-Inspector (S.I.) of Police, Phiringia P.S. (P.W.1), as per the direction of the then Officer-in-Charge (O.I.C.-P.W.10), had been to Telimunda Chhak on patrol duty. It was around 8.30 a.m., he found a white colour Indigo Car coming from Kelapada side towards Telimunda. The said vehicle, being detained, two of the occupants managed to escape and one among the three was apprehended and the person apprehended was then on the driver seat and he disclosed his name to be Gobinda Naik. The vehicle, being searched, two plastic bags kept inside the dickey of the car were recovered. The driver Gobinda Naik, being asked about the contents of the said bags, had disclosed those to be ganja. It is stated that at that point of time, the S.I. of Police (P.W.1) found a motorcycle coming from Kelapada side with two riders and a bag had been kept in between them. So, he (P.W.1) immediately detained the said motorcycle and deputed a staff to keep watch on them. He (P.W.1), having completed the search of the car, came near the motorcycle and those two persons, who when going on the motorcycle, had been detained. They too, being asked about the contents of the said bag that they were carrying, told that the same were ganja. They disclosed their names to be Suka Parida and Krushan Chandra Barik (accused persons before this this Court in this Appeal). The bag was searched and ganja was said to have recovered therefrom and accordingly, those were seized under seizure list Ext.3 prepared in presence of the Executive Magistrate. The content of that bag, being weighed, came to 21 kgs and 100 grams. He (P.W.1) then collected two samples each weighing 50 grams after thoroughly mixing the ganja and then sealed, labeled and seized the bulk quantity of ganja as well as ganja collected as samples. Having returned to the Police Station with the accused persons and the seized material and other documents, he (P.W.1) reported the matter in writing (Ext.8) to the O.I.C. (P.W.10), who then kept all those seized articles in P.S. Malkhana and it was around 7.30 p.m, he (P.W.10) having arrested the accused persons, on the next day, forwarded the accused persons in custody to Court. He (P.W.10), having brought the seized articles from the P.S. Malkhana, produced those before the Court of the learned Special Judge, Phulbani and made a prayer to send one part of the seized samples to the State Forensic Science Laboratory, Rasulgarh, Bhubaneswar and allow keeping of the bulk quantity of ganja in the Court Malkhana. As directed, learned Sub-Divisional Judicial Magistrate, Phulbani sent one sealed paper packet said to be containing ganja of 50 grams collected by the S.I. of Police (P.W.1) on 19/4/2015 (Ext.A), which was further marked at its level Ext.A/1 for chemical examination to State Forensic Science Laboratory. The report came that those were the fruiting and flowering tops of cannabis plant, i.e., ganja. So, the O.I.C. (P.W.10), at the end, submitted the Final Form placing these two accused persons, who, while coming on the motorcycle, were detained and searched followed by recovery of ganja as alleged from them, to face the trial under Sec. 20(b)(ii)(C) of the N.D.P.S. Act.

(3.) The Trial Court, on going through the evidence of all the witnesses examined from the side of the prosecution (P.Ws.1 to 10) and defence (D.W.1) and upon scrutiny examination of the documents admitted in evidence (Exts.1 to 20), has negated the contentions raised from the side of the defence as regards non-compliance of Sec. 42 and 43 as well as Sec. 50, 55 and 57 of the N.D.P.S. Act and then, having found the evidence as to search and seizure to be clear, cogent and acceptable, has held the accused persons guilty of commission of offence for which they stood charged. Accordingly, they have been convinced as afore-stated.