FILLI DILLI DORA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellant has been convicted under Section 20(b)(i) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the Act') for being in unlawful possession of 8 legs, of ganja without any authority in contravention of Section 8 of the Act. He has been sentenced to undergo rigorous imprisonment for three years and also to pay a fine of Rs. 6.000/ - with a defaulting sentence.

(2.) BRIEFLY stated, the prosecution case is that on 12 -1 -1990 at about 11.30 a. m. the Sub -Inspector of Excise, E.I.B . Berhampur (PW 3) when was on patrolling duty along with his staff including the Excise Constable (PW 1) at Goilundi bus stand, Berhampur, found the appellant to be searching for a Puri -bound bus. The appellant had a tin box with him. On suspicion PW 3 detained the appellant and after disclosing his identity, search of the tin box held by the appellant was conducted in presence of the witnesses. PW 3 found one jari bag inside the tin box which was filled with non duty paid ganja. On weighment. the contents were found to be of 8 kgs. PW 3 seized the tin box and the ganja and prepared the seizure list. After making necessary investigation, prosecution report was submitted against the appellant which has ended in his conviction as aforesaid.

(3.) IN order to prove its case, prosecution examined three witnesses on its behalf. PW 3 is the Sub -Inspector of Excise who conducted the search and seizure, PW 1 is the excise constable and was a witness to the search and seizure. PW 2 is a seizure witness but he did not support the prosecution case.