MANOJ BEHERA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appeal is directed against the judgment and order of conviction dated 7.8.2007 passed in Criminal Trial No.1 of 2004 arising out of C.T. No.401 of 2003 by the Additional Sessions Judge-cum-Special Judge, Malkangiri convicting the appellant and another namely, Jagannath Gouda under Section 20(b)(i) of the N.D.P.S. Act and the order of sentence passed by his successor, the Sessions Judge-cum-Special Judge, Malkangiri, dated 5.2.2015 imposing R.I. For 10 years and fine of Rs.1,00,000/-, in default, to undergo R.I. for one year.

(2.) According to the prosecution, the appellant and the non-appellant while travelling by a bus were carrying two bags containing 9 Kgs. of Ganja (5 Kgs. in one bag and 4 Kgs. in the other) which was seized by S.I. of Police, the then Officer-in-Charge of Malkangiri Police Station, after a raid was conducted on the bus on getting reliable information on 4.10.2003 at 10.00 A.M. that two persons with Ganja were going in SBMS Bus bearing registration No.OR-10B-0043.

(3.) After the seizure was made, samples collected from the seized Ganja were sent for chemical examination which were ultimately confirmed to be Ganja. After completion of investigation charge-sheet was submitted on 30.11.2003. On 29.06.2005 charge was framed. Ten witnesses were examined by the prosecution. Thereafter, the case was posted to 7.8.2007 for examination of the accused persons under Section 313(1)(b) of Cr.P.C. On the date fixed for accused statement the accused persons did not turn up. The learned trial court, without taking further action to secure the presence of the accused persons, prepared the impugned judgment on the same date, signed it and kept it in a sealed cover and directed for issuance of N.B.W. against both of them. On 5.2.2015 the present appellant was produced before the learned trial court after being arrested on the strength of N.B.W. and on the same date the learned Sessions Judge-cum-Special Judge, Malkangiri opened the sealed cover and, finding that both the accused persons were convicted for the offence under Section 20(b)(i) of N.D.P.S. Act, passed the sentence as stated earlier.