SURENDRANATH MOHANTY Vs. STATE OF ORISSA

JUDGEMENT

(1.) IN Criminal. Appeal No. 212 of -1991 Surendranath Mohanty and Prasanna Kumar Mohanty are the two appellants. Criminal Appeal No. 227 of 1991 is at the instance of Taraprasad Mohanty. All the three appellants stand convicted under Section 21 of the Narcotic Drugs and Psvchotropric Substances - Act, 1985 ('NDPS Act'). Each of them has been sentenced to uncargo rigorous imorisonment for 10 years and pay fine of rupees one lac each, in default to undergo rigorous imprisonment for six months. As both the appeals arise out of same Judgment of the learned Sessions Judge, Puri in S.T. No. 290 of 1991, they were heard together and are disposed of by this Judgment.

(2.) APPELLANT Surendranath is the father of appellant Prasanna Kumar. Appellant Taraprasad is said to be distantly related to them. Appellant Surendranath stood charged under Section 21 of the NDPS Act for being in illegal possession of 31/2 grams of heroin and cash of Rs. 2828 - supposed to be the sale proceeds of the narcotic drugs. Appellants Prasanna Kumar similarly stood charged under Section 21 of the NDPS Act for being in illegal possession of 460 grams of Charas and 11/2 grams of heroin and cash of Rs. 111/ - supposed to be the sale proceeds of the narcotic drugs. Appellant Taraprasad also stood charged under Section 21 of the NDPS Act for being in illegal possession of 4 grams of heroin. Along with the afforesaid appellants, Golap Manjari, wife of appellant Surendranath, was charged under Section 25 of the NDPS Act for having knowingly permitted her house to be used for commission of offences punishable under the provision of the NDPS Act. The learned Sessions Judge while acquitting Golap Manjari of the ch3rge, has convicted the appellants as mentioned above.

(3.) THE plea of the appellants was substantially one of denial. Appellant Taraprasad in his statement recorded under Section 313, Cr PC stated that he had been to the house of appellant Surendranath to pay clerk's fees in connection with bail matter in G. R. Case No. 217 of 1989 in which he himself was involved as accused.