PRABINA KUMAR MOHANTY Vs. STATE OF ORISSA

JUDGEMENT

(1.) This is an appeal from jail. The appellant who has been convicted by the Sessions Judge, Puri under S. 21 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as the Act) and sentenced to undergo RI for 10 years and to pay a fine of rupees one lakh, in default, to undergo RI for six months, assails the order of conviction.

(2.) Prosecution case is, on 7-4-1990 around 12.30 p.m. the Puri Excise Staff receiving prior information about the appellant trafficking in narcotic drugs detained him while he was proceeding on a scootor to wards Konark near an electric sub-station in Puri town and on search, recovered from his pant pocket one money purse containing one paper packet in which there-was two grams of heroin along with a case of Rs. 135.00 which the IO seized at the spot. He was taken to custody and after investigation of the case he was charge- sheeted, tried and convicted as stated above. The appellant denied the indictment.

(3.) Mr. K. B. Panda, learned counsel appearing for the appellant, raised various contentions. The main crux of his argument was relating to the discrepancy in the evidence of PWs. 2 and 3 who were independent witnesses to the seizure, secondly non-prosecution of the father of the appellant pursuant to a raid of his house prior to the seizure from the appellant at the aforesaid hour and thirdly the doubtful nature with regard to sealing on the seized articles. Countering the argument, Mr. G. K. Mohanty learned Standing Counsel supported the judgment of conviction and the findings recorded by the trial Court.