PARAMANANDA SETHY Vs. STATE OF ORISSA

JUDGEMENT

(1.) In this appeal, the appellant, Paramananda Sethy, has challenged the judgment and order dtd. 9/6/2008 passed by the learned Sessions Judge-cum-Special Judge, Cuttack in 2(a) C.C. Case No. 34 of 2007 / Trial No. 14 of 2007, whereby the learned Trial Court convicted the appellant under Sec. 21(b) of the N.D.P.S. Act and sentenced him to undergo rigorous imprisonment for three years and to pay a fine of Rs.10,000.00, and in default of payment of fine, to further undergo imprisonment for six months.

(2.) Heard Mr. M.K. Panda, learned counsel appearing for the appellant and Mr. Raj Bhusan Dash, the learned Additional Standing Counsel appearing for the State.

(3.) The short case of the prosecution is that on 22/3/2007, the Sub- Inspector of Excise, EI & EB, Unit-I, Cuttack, along with other Excise staff, was on patrol duty near Mangalabag Square. At about 10:55 A.M., he received reliable information that the appellant was in possession of brown sugar at Machhua Bazar, Cuttack. The S.I. reduced the information into writing and forwarded a copy thereof to his immediate superior officer before proceeding to the said location. Upon reaching Machhua Bazar, he noticed the accused standing near the Durga Temple at Machhua Bazar Square. The accused was detained, and two witnesses who happened to be passing by were called to the spot. After disclosing his identity and informing the accused of his intention to conduct a search, the S.I. apprised him of his legal right to be searched either before a Magistrate or a Gazetted Officer. The S.I. sought the accused's option in writing, to which the accused orally expressed his willingness to be searched by the S.I. himself.