RAM CHANDRA MOHANTY Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellant has been convicted under Sec. 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as ('the Act') for being in possession four packets of heroin in violation of the provisions of the Act and has been sentenced to undergo R. I. for ten years and to pay a fine of rupees one lakh, in? default to undergo further. R. I. for two years.

(2.) THE prosecution case, in brief, Is that on 30th July, 1930 the Sub -Inspector of Police, Town Police Station, Puri (PW 6) having received secret information about the illegal sale of heroin near the southern gate of temple of Lord Jagannath, proceeded in a jeep along with his staff and after a short chase, brought the accused under control. The appellant, as alleged made efforts to put the four packets in his mouth but he failed in his attempt and the police personnel seized four packets. Finding the seized articles to be heroin, the same was weighed and a seizure -list was prepared in presence of witnesses and appellant was forwarded to the Court along with the cash of Rs. 97/ -which was also recovered from his custody. The seized article was sent for chemical examination. After completing all other formalities, charge sheet was failed in Court.

(3.) TO bring home the charges, the prosecution examined six witnessas and number of documents were brought on record as exhibits. The defence chose not to adduce any evidence.