SUBASH CHANDRA BASTI Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellant was charged for an offence punishable under Section 21 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as 'the Act') for being in possession of five packets of heroin weighing 2.500 ml. On being convicted and sentenced, he has filed this appeal.

(2.) ON 1 -7 -1991, PW 3 the Sub -Inspector of Excise received information regarding peddling of narcotic substances and while on patrol duty at Narasinghballava Patna on Puri -Konark Road, he detained the accused on suspicion that he was peddling narcotic substances. At that time PW 1 an A. S. I. of Excise Department was also on patrol duty along with PW 3. Both of them gave personal search to the witnesses and thereafter asked the accused that if he so desired, he could be searched in the presence of a Gazetted Officer. The accused declined. Thereafter, he searched the accused and in the process five small packets (pudras) of powdery substance were recovered. On weighment it was found that each sealed packet contained 500 miligrams. From the odour PW 3 could know that the substance was brown sugar. A seizure list was prepared on the spot, con -tents whereof were read over and explained to the accused who thereafter affixed his signature thereon. The accused and the seized articles, which were kept in a sealed cover, were produced before the Sub -Divisional Judicial Magistrate, Purr, on 2 -7 -1991. The SDJM opened the seal, drew out sample of 500 miligrams from the total seized articles of 2.5 grams, kept it in a separate cover and sealed the same. The balance 2 grams were also sealed by the SDJM and kept in the Court Malkhana under chalan Ext. 3. On the same day, the matter was reported to the Deputy Commissioner of Excise. A sample of the seized articles was sent to the D. T. L. by the SDJM, Puri as per Ext.4. The report Ext. 5 of the Deputy Drugs Controller and Chemical Examiner, Orissa, dated 23 -9 -1991 shows that the powder sent for analysis was brownish grey in colour and it was brown sugar (Diamor -phine). Accordingly, a P. R. was submitted before the SDJM, Puri.

(3.) THE case of defence is one of denial.