STATE OF ORISSA Vs. PANDURU TANDI

JUDGEMENT

(1.) This is an appeal under section 378 of the Code of Criminal Procedure preferred by the State of Orissa challenging the impugned judgment and order dated 12.09.1996 passed by the learned Sessions Judge, Koraput, Jeypore/Rayagada, Camp at Rayagada in Sessions Case No.151 of 1995 in acquitting the respondents Panduru Tandi and Jabdu Mahanandia of the charge under section 20(b)(i) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereafter 'N.D.P.S. Act, 1985') for illegal possession of 7 Kgs. 750 Grams of ganja on 4th day of March 1995 at about 9.30 p.m. on the road near village Sesikhal under Rayagada Police Station in the district of Rayagada.

(2.) It is the prosecution case, as per the First Information Report lodged by Debi Prasad Dash (P.W.3), Sub - Inspector of Police, Rayagada Police Station on 05.03.1995 before the Inspector in Charge, Rayagada Police Station that on 04.03.1995 he got reliable information that some miscreants were transporting ganja illegally through the Parbatipur - Rayagada Road and they were travelling by public conveyance. P.W.3 apprised the facts to the wing headquarters and also received valuable instruction from the Superintendent of Police in that regard. He submitted a requisition to District Magistrate, Rayagada to depute one Executive Magistrate to remain present during verification. The District Magistrate, Rayagada deputed Shri Himanshu Narayan Pattnaik (P.W.1), Executive Magistrate, Rayagada to remain present with the police for such raid/verification at Sesikhal. P.W.3 along with P.W.1 and others arrived at Sesikhal on 04.03.1995 at about 9.00 p.m. and started verification of the vehicles coming to Rayagada and during such verification, two local persons namely, Pali Ramana Rao and Debi Prasad Choudhury (P.W.2) were also present. It is the further prosecution case that during intensive checking, two persons were found travelling in a goods vehicle truck carrying charcoal bearing Registration No. AP -16 -T - 3525 and one of them was carrying two handbags and other was carrying one handbag with them. On verification of those hand bags, ganja was found kept concealed in packets along with their personal belongings. The names and addresses of the passengers were ascertained and it was found that respondent no.1 Panduru Tandi was carrying two handbags containing two packets and respondent no.2 Jabdu Mahanandia was carrying one handbag. From the handbags of respondent no.1 Panduru Tandi, two packets of ganja were seized, one packet weighed to be 1.750 Kgs. and the other packet weighed to be 4.500 Kgs. From the handbag of respondent no.2 Jabdu Mahanandia, one packet carrying 2 Kgs. of ganja was found. P.W.3 seized the ganja packets along with the containing hand bags in separate seizure lists in presence of the witnesses and Executive Magistrate. He drew samples weighing 25 grams each from each of the bulk packs. The sample packets as well as remaining ganja were sealed with specimen seal impression on wax and the specimen signatures of witnesses, the accused persons and the police officials were taken on the paper slips and each piece of such paper was kept in the concerned packets. The respondents were arrested at the spot by P.W.3 who returned to the police station along with the respondents and seized properties. On the basis of the First Information Report lodged by P.W.3, Rayagada P.S. Case No. 30 of 1995 was registered under section 20(b) of the N.D.P.S. Act, 1985. The Inspector in Charge of Rayagada Police Station Shri Sarat Chandra Pattnayak took charge of the seized properties from P.W.3 on 05.03.1995 and re -sealed the bulk packets and on 06.03.1995 the respondents were forwarded to Court and on 07.03.1995 a detailed report was submitted by the I.I.C., Rayagada to S.P., Rayagada about the detection and seizure. On 07.03.1995 as per the direction of the I.I.C., Rayagada, P.W.3 produced the sample packets before the learned S.D.J.M., Rayagada praying to send the same for chemical analysis and accordingly, the sample packets were sent to R.S.F.L., Berhampur. The chemical examiner on chemical analysis opined that the exhibits marked as A -1, A -2, B -1, B -2, C -1 and C -2 contained flowering and fruiting tops of the cannabis plants which is commonly called as ganja. After completion of investigation, the I.I.C., Rayagada Police Station found prima facie evidence under section 20(b) of the N.D.P.S. Act, 1985 and accordingly on 02.05.1995 submitted charge sheet against the respondents.

(3.) The plea of the respondents was one of denial and it was pleaded that nothing has been seized from their possession. Respondent no.2 Jabdu Mahanandia stated in his statement recorded under section 313 Cr.P.C. that he was taken from the bus stand and a false case has been foisted.