JAYAKRUSHNA PARIDA Vs. STATE OF ORISSA

JUDGEMENT

(1.) This appeal is directed against the order of conviction and sentence dated 28-7- 1993 passed by the learned 1st Addl. Sessions Judge, Puri in Sessions Trial Case No. 36/128 of 1992 wherein the appellant has been convicted and sentenced under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, 'the Act') to undergo rigorous imprisonment for ten years and to pay a fine of Rs. 1,00,000/- (rupees one lakh), in default, to undergo rigorous imprisonment for a further period of two years and under Section 20(b)(1) of the Act to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs. 10,000/- (rupees ten thousand), in default, to undergo rigorous imprisonment for a further period of one year. The sentences were to run concurrently.

(2.) The Code against the appellant is that on 24-10-1991 the S.I. of Police, Kakatpur (P.W. 9) receiving information about the selling of Opium and Ganja at Kundhei Hat proceeded to Kundhei Hat along with two O.S.A.P. Staff (PWs. 1 and 2), a lady Home Guard (P.W. 7) and A.S.I. (P.W. 8) and reached there at about 4.20 p.m. On reaching at Kundhei Hat they found the appellant selling Opium and Ganja inside the Hat. They encircled the appellant and on search the S.I. recovered a bag from the appellant which contained a Tin Can (Diba) containing 100 grams of Ganja, two earthen pipes (Chillam), one Polythene paper containing 11 grams of Opium, one Kutuni, one Prem Katari, One Knife having wooden handle, a raxin hand bag with a cycle spoke, another small Tin Diba and cash of Rs. 42.75 paise. He seized the contraband articles, submitted a written report, Ext. 2 and accordingly a case was registered. The appellant was arrested and was forwarded to the Court. The seized contraband articles were sent for chemical examination and after obtaining the Chemical Examiner's report, the Ext. 4, which revealed that the contraband articles sent for examination were Opium and Ganja, charge-sheet was submitted against the appellant under Sections 18 and 20(b) of the Act.

(3.) The appellant was charged u/S. 18 of the N. D. P. S. Act for possessing Opium and u/S. 20(b) for possessing Ganja to which he pleaded not guilty and claimed to be tried. It is his case that the case is falsely foisted against him.