JAYA MAJHI Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioners are the accused in Manmunda P.S. Case No. 203 of 2015 which corresponds to C.T. Case No.595 of 2015 pending in the Court of learned Special Judge, Boudh for offences punishable under section 20(a)(i) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereafter 'N.D.P.S. Act') and section 27(1) of the Orissa Forest Act, 1972 and they have filed applications under section 439 Cr.P.C. for bail as their prayer for grant of bail was turned down by the learned Special Judge, Boudh vide orders dated 23.12.2015.

(2.) The First Information Report was lodged by Inspector in Charge, Manmunda Police Station who drew up the plain paper F.I.R. at the spot on his own information. The informant received information on 2.12.2015 at about 5.30 p.m. at police station that some of the villagers of Majhipada have illegally cultivated cannabis plants in large scale on the embankment of Bahani Nala under revenue village Majhipada. Getting such information, the informant made the Station Diary Entry and sent written intimation to S.D.P.O. and S.P., Boudh. On 3.12.2015 early morning, the informant along with other police officials and local independent witnesses proceeded to the spot and arrived there at about 7.15 a.m. and found illegal cultivation of cannabis plants in the Majhipada Gramya Jungle near village Majhipada. From the professional experience and smell of plants, the informant came to the conclusion that the plants are cannabis. He found the cannabis plants were cultivated in a systematic and planned manner and in a linear fashion with a standard gap of about 2 -3 feet between each plant and the plants were found to be 3 feet to 6 feet in height. He further found that the plants were properly watered and treated with cow dung, chemicals and fertilizers for better growth and fruiting. The informant rounded up the place and found four to five persons inside the cannabis plants who were uprooting grass from the field and putting earth on the roots of the cannabis plants. Seeing the police party, all those persons started running away towards the jungle but the petitioners were apprehended and they disclosed their names however they did not disclose the names of the other absconded persons. The R.I, Manmunda demarcated the land under illegal cannabis cultivation. The informant along with his police station staffs counted the cultivated cannabis plants and it came to 72,317 in numbers. The labourers, police staffs and forest staffs cut those cannabis plants and deposited those in a heap. Two sample plants consisting of stem, green leaves and flowering and fruiting tops were collected by the informant and wrapped in paper cartoon and were kept inside the white cloth bags separately and sealed. After obtaining the order from G.O. Sri A. Kujur, OPS, the informant destroyed the rest of the cannabis plants by pouring kerosene and setting fire in order to prevent any further regeneration or extraction of Ganja. A destruction certificate was prepared at the spot in presence of the witnesses, G.O. and others. A seizure list was prepared at the spot by the informant. The informant being satisfied that the petitioners and others had cultivated cannabis plants in the Government land violating the provisions under section 8(b) of the N.D.P.S. Act with destruction of forest land, arrested the petitioners for commission of offences under section 20(a)(i) of N.D.P.S. Act and 27(1) of the Orissa Forest Act, 1972. On arrival at the Police Station with the seized exhibits, the informant registered Manamunda P.S. Case No.203 dated 03.12.2015 under section 20(a)(i) of N.D.P.S. Act and section 27(1) of Orissa Forest Act, 1972 and directed S.I. of police, Manamunda Police Station namely, Pritimanjari Garnaik to take up investigation of the case. During course of investigation, the I.O. visited the spot, prepared the spot map, examined the informant and other witnesses and recorded their statements. The petitioners were forwarded to Court on 04.12.2015. The sample cannabis plant marked as Ext. A1 was sent to the Director, S.F.S.L., Bhubaneswar for examination and opinion. The examination report indicated that as a result of physical, chemical and microscopic examination, the exhibit A1 was found to contain stem, leaves, fruiting and flowering tops of cannabis plant. After conclusion of investigation, chargesheet was submitted on 01.02.2016 under section 20(a)(i) of N.D.P.S. Act and section 27(1) of Orissa Forest Act, 1972.

(3.) The bail applications preferred by the petitioners before the Special Judge, Boudh were rejected on 23.12.2015 mainly on the ground that investigation of the case was under progress and illegal cultivation of cannabis plants was rampant in that area and some other offenders involved in the case had not been apprehended.