STATE OF ORISSA Vs. CHANDRAMANI SAHU

JUDGEMENT

(1.) Heard Mr. A. K Mishra, learned Standing Counsel and Mr. Sidharth Mishra for the accused respondents, who appears for Mr. N.C. Pati, learned counsel engaged by the accused respondents. Hearing is concluded and judgment is as follows.

(2.) The accused respondents faced the trial for the offence under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short 'N.D.P.S. Act') on the ground that on 27.9.1987 they were found retaining in their licensed Bhang Shop 80 grams of opium for the purpose of sale to the customers. The A.S.I. of Police, who conducted the raid, search and the seizure, was examined as P.W.6 and the S.I. of Police, who submitted the charge-sheet, was examined as P.W.7. The independent witnesses to the search and seizure did not support the prosecution. The trial Court, on reference to the provision in Section 50 read with Sections 42 and 43 of the N.D.P.S. Act, found that P.W.6 did not comply with the mandatory provision of law in his attempt to conduct search and seizure, that chance witnesses were included as witnesses to the search and seizure and notwithstanding that such witnesses did not support the prosecution and P.W.6 did not conduct himself in a credible manner in the whole transaction. Recording such findings, the trial Court acquitted the accused persons with a direction to destroy the seized opium.

(3.) After hearing learned Standing Counsel at length, this Court finds no good ground to interfere with the order of acquittal which is reasoned one and supported by the statutory provision of law in the N.D.P.S. Act. Accordingly, the Government Appeal is dismissed being devoid of merit. Appeal dismissed.