STATE OF ORISSA Vs. BUTI BHOTRA

JUDGEMENT

(1.) The State has called in question the order of acquittal passed by the learned Sessions Judge, Koraput-Jeypore in S.C. No. 377 of 1994 acquitting the respondent of the charge under section 20(b)(i) of N.D. and P.S. Act.

(2.) The prosecution case is that on 27.08.1994, P.W.7 being the Officer-in-Charge of Kotpad Police Station having received reliable information about transportation of ganja by 25 to 30 persons of village Baragaon from Chitrakonda side through Surli and proceeded with his staff to village Surli. On 28.08.1994 about 6.00 A.M. 26 persons carrying Kaudi Bhara proceeded towards Baragaon side. They were chased. The respondent was napped by A.S.I. of Police, P.W. 4. In the Bhara that he was holding ganja was found to be there. On weighment, the contents came to 24 kgs which were seized under proper seizure list. The samples were collected in two packets, each contains 25 grams, those were sealed and sent for chemical examination. The report came in the affirmative. So, the charge sheet being laid, the respondent ultimately faced the trial.

(3.) In the trial, the respondent's plea was that of denial and false implication.