NETRANANDA PRADHAN Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellant assails his conviction for the offence punishable under Section 20 (b) (i) of the Narcotic Drugs and Psychotropic Substances Act (for short, the Act) and Sentence of R.I. for four years and fine of Rs. 10,000 in default to undergo R.I. for a further period of one year.

(2.) Prosecution case is, on 24.11.1992 around 2 p.m. P.W. 4 then Sub-Inspector of Excise, Sambalpur while on petrol duty along with other staff of the Excise Department, received a reliable information that the appellant was carrying contraband Ganja in a cycle. After recording the information so received, P.W. 4 and his staff proceeded towards village Durgapali and on the way found the appellant coming towards Sambalpur hanging a bag on the handle of his cycle. P.W. 4 after giving his identity and after disclosing the reasonable suspicion that the appellant was carrying the prohibited substance asked him to give his option if he would like to be searched before a gazetted officer. Thereafter the appellant was searched in presence of P.W. 4 and from his possession contraband Ganja weighing 800 grams was recovered. After observing all formalities P.W. 4 completed investigation and submitted prosecution report against the appellant: The appellant in the defence denied this indictment.

(3.) Mr. P.K. Mishra, learned counsel for the appellant raised two points while assailing the judgment of conviction, Mr. D. Das, learned counsel for the State, on the other hand, supported the judgment of conviction.