CHAND MOHAMMAD Vs. STATE OF ODISHA

JUDGEMENT

(1.) Since these two appeals arise out of one conviction in the same case record, both the appeals are heard together and disposed of by way of this common judgment.

(2.) The appellants Chand Mohammad in CRLA No.734 of 2024 and Mohammad Akil in JCRLA No.93 of 2024 assail their conviction and sentence as recorded by the learned 1st Additional Sessions Judge-CumSpecial Judge (NDPS), Berhampur, Ganjam by the impugned judgment dtd. 19/4/2024 passed in 2(a)CC Case No.110 of 2022 (N).

(3.) The prosecution case in brief is on 22/11/2022, PW2-the Inspector of Excise, EI and EB UnitII (SD), Berhampur and staff while performing patrolling duty in Aska road, Berhampur noticed one while Tata Sumo Gold bearing Regd. No.MP-04TB-1610 at Ankushpur going speedily. Accordingly, PW2 and staff detained the Tata Sumo vehicle, recovered Contraband Ganja in two separate jerry bags along with the appellant Chand Mohammad who was driving the vehicle and the appellant Mohammad Akil as the helper and PW2, thereafter, by procuring local witness PW3 weighed and seized the Contraband Ganja by collecting samples from it. PW2 also sealed the Contraband Ganja by her personal brass seal and handed it over to PW1- the Excise Constable and arrested the accused persons after observing all formalities, so also seized the Tata Sumo Gold vehicle and other documents and forwarded the appellants to the Court along with the seized articles which on weighment had come to 80Kgs. Further, PW2 successfully prayed to the Court for drawing of samples, and accordingly, the learned SDJM, Berhampur drew the samples by the order of the learned Special Judge and the samples were sent to Assistant Chemical Examiner, Divisional Excise Chemical Testing Laboratory (SD) (DECTL), Berhampur.