BHAGABAN SWAIN Vs. STATE OF ORISSA

JUDGEMENT

(1.) These two appeals are interlinked being directed against the judgment of conviction and sentence passed by the learned Additional Sessions Judge, Jeypore in S.C. No. 86 of 1992. Bhagaban Swain (appellant in Cr1. A. No. 333 of 1993) and Bishnu-Harpal (appellant in Jail Cr1. A. No.344 of 1993), hereinafter referred to as the accused, by name faced trial on the accusation of having committed an offence punishable under Sec. 20 (b) (i) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, the Act) for allegedly possessing and transporting 1.25 quintals of ganja.

(2.) Sans unnecessary details, prosecution case as unfolded during trial is as follows: On the early hours of 15-6-1992, Shri S.C. Mallik (PW 4) Officer-in-charge of Chitrakonda Police Station while performing patrol duty along with Sub-Inspector Shri N.C. Bank (PW 1) and other constables found a car bearing registration No. ATV1260 coming from Sileru side. On suspicion, PW 4 detained the said car on Sileru Chitrakonda road near Chitrakonda Guest House. The accused persons were found to be sitting in the vehicle with some ganja packets. On demand by PW 4, they could not produce any permit or licence for possessing and transporting the ganja in the said vehicle. Witnesses were called, and in presence of Tahasildar, Chitrakonda (PW 5) the alleged contraband Articles, 37 packets containing 1.25 quintals of ganja were recovered from the car. The ganja packets were seized, the car, cash and knife were also seized, and a seizure list was prepared, plain paper FIR was drawn, and a case was registered under Chitrakonda Police Station. The accused persons were forwarded to the Court along with the seized ganja packets and samples were collected from the seized ganja. On completion of investigation charge-sheet was placed and the accused persons faced trial.

(3.) The accused persons denied their complicity with the offence in question. In order to further its case prosecution examined five witnesses. Two witnesses were examined by accused Bhagaban in support of his plea that he had come to the house of his brother at Chitrakonda. On 15-6-1992 while he was waiting at Chitrakonda to catch a bus, he was apprehended by the Police when he went to a nearby place on seeing a gathering. On evaluation of materials and the evidence on record, the learned trial Judge found the accused persons guilty, convicted and sentenced each one of them to undergo rigorous imprisonment for four years, and to pay a fine of Rs. 2,000/-, with default sentence of three months.