POLICHATTI SATYANARAYANA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The present Criminal Appeal, filed by the appellants are directed against the judgment and order dtd. 11/2/1994 passed by the learned Sessions Judge, Koraput- Jeypore Camp at Rayagada in Sessions Case No.229 of 1993, whereby the appellants have been convicted for the offences under Sec. 20(b)(i) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short N.D.P.S. Act) for having illegal possession and transportation of five quintals and thirteen kilo grams of ganja in Truck No. ABK 799. On that count, they have sentenced to undergo R.I. for three years each and to pay a fine of Rs.500.00 each, in default to undergo R.I. for further period of one month.

(2.) Heard Ms. Shuvra Mohapatra, learned counsel for the appellants and Mr. Jateswar Nayak, learned Additional Government Advocate for the State.

(3.) The prosecution case, in brief, is that on 29/5/1993 at about 6:20 p.m., while the Excise officials were on patrol duty on the main road of village Pitamahal, they intercepted a truck bearing registration No. AKB 799. The said vehicle was being driven by the accused P. Satyanarayana, and accused A. Venkata Ramana was present therein as the cleaner. Upon suspicion, the vehicle was searched in the presence of an Executive Magistrate. During the search, ten gunny bags, which had been concealed under bunches of bananas, were found loaded in the truck.