PILLI DILLI DORA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellant has been convicted under Section 20(b)(1) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the Act) for being in unlawful possession of 8 kgs. of ganja without any authority in contravention of Section 8 of the Act. He has been sentenced to undergo rigorous imprisonment for three years and also to pay a fine of Rs. 5,00010- with a defaulting sentence.

(2.) Briefly stated, the prosecution case is that, on 12.1.1990 at about 11.30 a.m. the Sub-Inspector of Excise, E.I.B., Berhampur (P.W. 3) when was on patrolling duty alongwith his staff including the Excise Constable (P.W. 1) at Goilundi Bus Stand, Berhampur, found the appellant to be searching for a Pun-bound bus. The appellant had a tin box with him. On suspicion P.W. 3 detained the appellant and after disclosing his identity, search of the tin box held by the appellant was conducted in presence of the witnesses. P.W. 3 found one jan bag inside the tin box which was filled with non-duty paid ganja. On weighment, the contents were found to be 8 kgs. P.W. 3 seized the tin box and the ganja and prepared the seizure list. After making necessary investigationT prosecution report was submitted against the appellant which has ended in his conviction as aforesaid.

(3.) The plea of the appellant was one of complete denial.