UMAKANTA MOHAPATRA Vs. STATE OF ORISSA

JUDGEMENT

(1.) This appeal is in challenge of the judgment dated 10.1.2012 passed by the learned Additional Sessions Judge -cum -Special Judge, Jeypore in C.T. No. 16 of 2007 (C.T.255 of 2006 in the court of the District Judge -cum -Special Judge, Koraput -Jeypore). Under the impugned judgment appellant Umakanta Mohapatra and one Dhabulu Majhi have been found guilty of the offence punishable under Ss. 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, the Act) and each of them is sentenced to undergo R.I. for eleven years besides fine of Rs. 1,00,000/ -, in default of payment, to undergo further term of one year rigorous imprisonment.

(2.) The prosecution came up with a story like this: - -

(3.) As many as 17 witnesses were examined by the prosecution. P.W.16 is the then O.I.C. of Borigumma Police Station. P.W.17 was then C.I. of Police, Borigumma. P.Ws.1 and 3 are the independent witnesses and P.W.12 is the Executive Magistrate in whose presence the search and seizure took place. P.W.2 came to the spot with weighing instruments and took the weight of the substance. P.Ws.5 to 12 are other Police personnel who participated in the detection and investigation. P.Ws.4 and 15 are the labourers engaged by the Police to unload the bananas and the contraband Ganja from the Dala of the Truck.