SHYAMSUNDAR ALIAS RATHIA RANA Vs. STATE

JUDGEMENT

(1.) His conviction under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act and sentence of rigorous imprisonment for a period of two years and six months passed by the Special Court, Mayurbhanj, Baripada, has been assailed by the appellant in this Jail Criminal Appeal.

(2.) ON 14 -4 -1993, on receiving reliable information that the accused had concealed narcotic substances in his residence, PW 6 the inspector of Police, Baripada Town police station along with the Executive Magistrate (PW 1) and Sub -inspectors of Police (PWs 2 and 5) proceeded to the house of the accused and on the way the independent witnesses (PWs 3 and 4) were asked to accompany them for the purpose of seizure. During the course of the search, two polythene packets containing 90 grams and 440 grams of ganja kept in a tin box, which was concealed under a wooden cot, were recovered. Samples were drawn therefrom and thereafter the contraband articles and the samples ware duly seized and sealed in presence of witnesses. A copy of the seizure list was handed over to the accused. Thereafter, a plain paper FIR (Ext. 3) was drawn up, the articles were forwarded to the Court on 25 -4 -1993 and the Samples were sent by the SDJM, Baripada that very day for chemical analysis. The report of the chemical examiner indicates that the samples sent for chemical examination were found to be ganja. After completion of investigation, charge -sheet was submitted against the accused.

(3.) IN order to prove its case, prosecution examined six witnesses, of them, PW 1 is the Magistrate in whose presence the search and seizure were made, PWs 2 and 5 are the two Sub -Inspectors of Police who had accompanied the raiding party, PWs 3 and 4 are two focal independent witnesses to the search and seizure and PW 6 is the investigating Officer.