SARAT CHANDRA SAHU Vs. STATE

JUDGEMENT

(1.) This appeal is directed against an order of conviction and sentence passed by the learned Sessions Judge, Sundargarh in Sessions Trial No. 7-1 of 1992 on 22-9-92 convicting and sentencing the appellant Sarat Chandra Sahu under Sec. 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, 'the Act') to under go rigorous imprisonment tor ten years and to pay a fine of rupees one lakh and in default in payment of fine, to undergo further rigorous imprisonment for two years.

(2.) The case against the appellant is that on 7-11-90 at above 6.00 P.M. while Akshaya Kumar Mishra, the S. I. of Police, Tangrapali P. O. (P.W. 6) was performing patrol duty along with Chandramani Majhi, the A. S. I. of Police (P.W. 5) arid Constable P. K. Behera (P.W.4) received reliable information that this appellant along with Digambar Mallik and Giridhari Sonapati were in possession of browrr sugar at Laxmi Market area at Tangrapali Police Station. Receiving the information, the P.W.6along with the above named A.S.I. and Police Constable proceeded to the house of the appellant and from a distance saw the appellant along with Digambar Mallik and Giridhari Sonapati smoking brown sugar. He called the witnesses P.Ws. 1 and 2 and conducted a search of the house of the appellant. Digambar Mallik and Giridhari Sonapati somehow managed to escape. On searching the house, he recovered five small packets of brown sugar weighing 3'A grams and some other articles like, three paper pipes, four pieces of cigarette jari, cigarette cover, one smoking wooden pipe, one cycle spoke, one match box, one Atlas cycle, one mat, one small hand bag, one napkin, one used Bidi, some burnt ashes of Bidi, one half blade, two chillamo and cash of Rs. 310.00 in presence of witnesses and prepared a seizure list (Ext. 1) and brought the seized articles and the appellant to the Police Station where he submitted a written report, Ext. 2 to the Inspector-in-charge and produced the seized articles and the accused-appellant before him. As directed by the I.I.C., P.W. 6 took up further investigation and arrested the appellant and forwarded him to Court. Latter, on the prayer of the S.l. the seized contraband articles were sent by the Court for chemical examination to the Director of State Forensic Science Laboratory, Bhubaneswar under Ext. 3 and after receipt of the report of the Chemical Examiner which revealed that the five packets sent for chemical examination contained herein, charge-sheet was submitted against the appellant showing Digambar Mallik and Giridhari Sonapati as absconders.

(3.) The appellant was charged for possessing brown sugar to which he pleaded not guilty and claimed trial. The case of the appellant was a complete denial of the allegations levelled against him.