PANCHANAN DAS Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellant Panchanan Das was charged under section 21(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereafter "N.D.P.S. Act") by the 3rd Additional Sessions Judge -cum - Special Judge, Puri in T.R. Case No.2/24 of 2013 for possessing 1500 grams of brown sugar containing 342.497 grams of diacetylmorphine which is a commercial quantity and prohibited manufactured drug without lawful authority on the 12th day of June 2013 at about 3.45 p.m. in front of his house situated at Matimandap Sahi under Puri Town Police Station in the district of Puri. The learned Trial Court vide impugned judgment and order dated 29.06.2015 found the appellant guilty of the offence charged and sentenced him to undergo rigorous imprisonment of 10 (ten) years and to pay a fine of Rs.1,00,000/ - (rupees one lakh), in default, to undergo rigorous imprisonment for two years.

(2.) The prosecution case, in short, is that on 12.06.2013 at about 2.00 p.m. while Mr. Amarendra Kumar Jena (P.W.4), Inspector of Excise, E.I. and E.B., Unit No. II, Cuttack was performing patrolling duty along with his staff Sri Suryanarayan Rath (P.W.3), A.S.I. of Excise , E.I. and E.B., Unit -II, Cuttack, Smt. Anupama Das, Lady Excise Constable and others in a government vehicle bearing regd. no. OR -05 -AD -9697 near Mochisahi Chhak under Puri Town Police Station in connection with detection of illegal transportation/export of contraband excisable articles, at that time P.W.4 received credible information from a reliable source regarding illegal sale/transportation of brown sugar by the appellant in his house. The informer informed P.W.4 that the appellant was wearing a check colour shirt and using a cell phone with mobile no.9861631976 and that he might flee away from his house. P.W.4 recorded the grounds of belief into writing and also intimated the same to his immediate superior authority over his cell phone and as per the provision laid down under section 42(1) of the N.D.P.S. Act, he also sent a copy thereof to his immediate superior authority Sri Nitin Bhanu Jawale, Excise Commissioner, Cuttack through one of the members of raiding party Sri Kishore Chandra Rout, Excise Constable of his Unit and also informed Inspector in charge, Town Police Station, Puri over cell phone for deputation of staff for law and order.

(3.) During course of trial, the prosecution examined four witnesses. P.W.1 Suryakanta Satpathy and P.W.2 Bijaya Kumar Mohapatra who were the independent witnesses to search and seizure did not support the prosecution case for which they were declared hostile. P.W.3 Suryanarayan Rath was the A.S.I. of Excise who is a witness to the search and seizure of brown sugar from the possession of the appellant. P.W.4 Amerendra Kumar Jena was the Inspector of Excise who is the investigating officer in the case. The prosecution proved twenty two documents. Ext.1 is the signature of P.W.1 on his statement, Ext.2/1 is the paper slip, Ext.3/3 is the zimanama of the brass seal, Ext.4/3 is the option letter given to the appellant by P.W.4, Ext.5, Ext.7/5 and Ext.8/4 are the drugs testing charts prepared at the spot, Ext.6 is the written statement of the appellant giving option for search, Ext.9 is the signature of P.W.2 on his statement, Ext.10 is the testing method chart, Ext.11/2 is the seizure list, Ext.12/2 is the spot map, Ext.13/2 is the inventory list, Ext.14/2 is the arrest memo, Ext.15/1 is the seal on the seizure list prepared in Form No -C -2, Ext.16/2 is the disclosure of the ground of arrest, Ext.17 is the information sent to Deputy Commissioner of Excise under section 42 of the N.D.P.S Act, Ext.18 is the letter of request to S.D.M -cum -Sub Collector, Puri depute any Executive Magistrate, Ext.18/2 is the information sought for to I.I.C, Town Police Station, Puri regarding criminal antecedent of the appellant, Ext.19 is the letter of the S.D.J.M., Puri to the chemical examiner, Ext.20 is the Chemical Examination Report, Ext.21 is the letter of request to I.I.C., Town Police Station, Puri for keeping the sealed packets of brown sugar, Ext.22 is the report of arrest, search and seizure prepared under section 57 of the N.D.P.S. Act sent to Deputy Commissioner of Excise. The prosecution also proved some materials objects. M.O.I is the bag, M.O.II is the brown coloured powder, M.O.III is the pink coloured powder, M.O.IV is the white coloured powder, M.O.V is the cell phone, M.O. VI/1, VI/2 and VI/3 are the broken seals.