KANDURI SAHOO Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellant stands convicted under section 20(b)(i) of the Narcotic Drugs and Psychotropic Substances Act. 1985 (in short the Act) and sentenced to undergo RI, for five years and to pay a fine of Rs. 5,000/- in default of such payment, to undergo further rigorous imprisonment for six months.

(2.) Briefly stated the prosecution case is that at about 7 a.m. on 13-5-1994, the Excise SubInspector, Mobile Squad No. 1. Cuttack, (PW- 1) while patrolling with his A.S.I. and Constable at Gandhipalli area in Cuttack City noticed the accused coming with a full gunny-bag. Being suspicious he retained the accused and searched him in presence of panch witness (PW- 2). He found that the gunny bag contained cannabis (ganja) which weighed 12 Kgs. He took sample of 50 grams which was sent for chemical examination. The chemical examination indicated that it was cannabis (ganja). After completion of the investigation, the appellant was sent for trial to face charges which has ended in conviction and sentence has been passed as mentioned above. The appellant denied the charges in totality.

(3.) In order to bring home the charges, the prosecution examined three witnesses. PW -1 is the excised Sub-Inspector, Mobile Squad No.1. Cuttack, PW- 2 is a witness to the seizure, PW- 3 is the A.S.I. who accompanied PW- 1 on patrol duty. It is pertinent to state here that PW- 2, the seizure witness, while admitting his signature Ext. 1/1 on the seizure-list, has pleaded ignorance about the contents.