NARAYAN BAGH Vs. STATE

JUDGEMENT

(1.) In this appeal, Narayan Bagh (hereinafter referred to as the 'accused') calls in question legality of judgment passed by learned Sessions Judge, Koraput, Jeypore, finding him guilty of an offence punishable under Section 20(b)(i) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, the 'Act'), and sentencing turn to undergo rigorous imprisonment for one year and six months.

(2.) PROSECUTION case, in brief, runs as follows : On 6.8.1993, at about 8 p. m. Patroling Police Party of Jeypore Town Police Station found the accused standing near the Old North Check Gate. Jeypore holding a polythene bag. He was accused in Jeypore Town Police Station Case No. 149 of 1993, and was to be arrested in that case. Seeing him police official got down from the jeep and went to arrest him. But on seeing them he started running. He was chased and was caught with the polythene bag in his hand. On opening the bag, ganja was found inside. He was brought to the Town Police Station along with the polythene bag in his possession. On weighment the ganja was found to be 4 1/2 Kgs. Ganja along with the polythene bag was seized, sample was taken and the same was sent to the Chemical Examiner. On analysis it was found to be ganja. On completion of investigation, charge -sheet was submitted.

(3.) PLACING reliance on the evidence of five witnesses examined to further the prosecution case the learned Sessions Judge convicted the accused, and sentenced him as aforesaid.