BALAJI SAHU Vs. STATE

JUDGEMENT

(1.) Gone are the days of yore when an Emperor like Babar, at the cost of his life prayed for an ailing sun; vanished are the days of old when an obedient son like Rama chose his way to the forest sacrificing the royal throne; and disappeared is the era when a casabianca stood imbedded on the burning dock in honour of his father's command. Here is an unfortunate case where the father and the brother, succumbing to their inferior endowments from nature, arrive at the police station and lodged a written report (Ext. 2) complaining about the drug addiction as well as the clandestine drug business of the appellant. In promptitude a station diary entry was made to that effect and information was sent to the Town Inspector. Raiding party inclusive of independent witnesses went to the house of the informantwhere the appellant resided and recovered from his custody three small packets containing 1350 ml. grams of heroin and another small packet containing 1150 ml. grams of 'Ganja' from his pant pocket along with a 'Chillam' and some cash. The A.S.I. (P.W. 6) got the heroin and ganja packets weighed by a goldsmith and sealed the same in presence of witnesses and prepared a seizure list. The accused along with the seized articles were brought to the police station. The A.S.I. handed over the case to the another Sub Inspector. Subsequently, the Officer-in-charge of the concerned police station (P.W. 8) took charge of the case as per the direction of the Additional Superintendent of Police, Puri. The seized packets were sent for chemical examination and on completion of other formalities, charge-sheet was submitted against the accused.

(2.) The accused took the plea of complete denial and false implication due to family quarrel.

(3.) To bring home the charges, the prosecution examined eight witnesses in all and certain documents, namely, the seizure list, First Information Report, Chemical Report, forwarding report and others were brought on record, P.W.1 is an independent witness to the seizure; P.W. 2 is the goldsmith who weighed the articles on spot; P.W. 3 is the father; P.W. 4 is the brother of the accused; P.W. 5, the A.S.I. of Police, was a member of the riding party; P.W. 6 is the Sub-Inspector of Police of Kumbharapara Police station; P.W. 7 is the Town Inspector; and P.W. 8 is the Officer-in-charge who subsequently took charge of the investigation and submitted the charge-sheet under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short 'the Act' ).