SUJIT BEPARI Vs. STATE OF ORISSA

JUDGEMENT

(1.) This Criminal Appeal is in challenge of the judgment dated 23.10.2009 passed by the learned Additional Sessions Judge-cum-Special Judge, Malkangiri in Criminal Trial No.3 of 2008 (formerly, C.T. No.195 of 2007 in the Court of Sessions Judge-cum-Special Judge, Koraput, Jeypore) wherein the Appellant has been convicted of the offence punishable under Section 20(b)(ii)(C) of Narcotic Drugs and Psychotropic Substances Act (in short 'the Act') and sentenced to undergo R.I. for 10 years and to pay fine of Rs.1,00,000/-, in default, to undergo another term of R.I. for one year.

(2.) The Appellant is one of the two accused persons against whom the prosecution was lodged. According to the prosecution, on 11.11.2007 at about 5.00 A.M. the S.I. of Excise, Malkangiri with his staff while on patrolling duty received reliable information about illegal transportation of Ganja in one Tata Specio Jeep bearing registration No.OR17D-7300. Sometime thereafter, when the patrolling party noticed that the aforestated vehicle was proceeding towards Jeypore in a high speed they tried to stop the vehicle. The Excise Officials chased the vehicle and ultimately when they could make the vehicle stop at Govindapalli Forest Check Gate the driver of the vehicle, namely, Narayan Sahu fled away. But, the present Appellant, who was an occupant of that vehicle, made an abortive attempt to run away. He was apprehended on the spot. On being asked he disclosed his identity. Securing the presence of an Executive Magistrate and observing formalities, the Appellant's person was searched but nothing could be found. However, on a search of the jeep in question recovery of 5 jute bags containing suspected Ganja was made. The substance smelled like Ganja. The material was weighed and it was found that in total 144 Kgs. of suspected Ganja was there in all the jute bags. Sample of the seized article was collected from the contents of each of the jute bag and after observing all formalities the collected samples were packed and sealed separately and the articles recovered during the search were seized. The Appellant was arrested and the seized articles were produced before the learned Special Judge. Subsequently, the sample so collected was sent for chemical examination through the S.D.J.M., Malkangiri. C.E. Report confirmed that the sample sent for chemical examination was nothing but Ganja as defined in N.D.P.S. Act. On completion of enquiry prosecution report was submitted against the Appellant as well as the driver of the jeep showing the latter as an absconder.

(3.) The defence plea is one of complete denial of all the allegations.