LAWS(ORI)-1996-9-19

SIBA BAHADUR THAPA Vs. STATE OF ORISSA

Decided On September 27, 1996
SIBA BAHADUR THAPA Appellant
V/S
STATE OF ORISSA Respondents

JUDGEMENT

(1.) The appellant who has been convicted and sentenced under S. 20(b)(i) of the. Narcotic Drugs and Psychotropic Substances Act 1985 (in short 'the Act') to undergo rigorous imprisonment for five years and to pay a fine of Rs. 50,000/-, in default, to undergo rigorous imprisonment far a further period of one year has preferred this appeal assailing the said order of conviction and sentence passed by the learned Sessions Judge, Kalahandi-Nuapada, Bhawanipatna in 2(a) C.C. No. 163 of 1992.

(2.) The case against the appellant is that on 9-6-1992 at about 12.30 p.m. the S.I. of Excise (P.W. 3) while patrolling on the platform at Kosinga Railway Station with his other staff found the appellant in possession of a raxin bag containing two packets of Ganja. He weighed the contraband articles which came to 10 kgs. and seized the same under the seizure list, Ext. 1, in presence of witnesses. The S.I. collected 25 grams of Ganja as samples from each of the two packets of Ganja seized from the appellant and sent thesaid samples to the Deputy Drugs Controller Bhubaneswar, for chemical examination with a forwarding letter. After further investigation and on receiving the chemical examiner's report he submitted the prosecution report against the appellant. On the above allegations, the appellant was charged for the offence under S. 20(b)(i) of the Act to which he pleaded not guilty and claimed trial.

(3.) The case of the appellant is a complete denial of the allegations levelled against him.