RAGHU SAHU Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellant has been convicted under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as Tthe Act) for being inlunlawful possession of 2 Kgs. of opium without any authority in contravention of the provision of Section 8 of the Act. He has been sentenced to undergo rigorous imprisonment for 10 years and also to pay a fine of Rs. 1,00,000.00 in default further rigorous imprisonment for 2 years more.

(2.) Briefly stated the prosecution case is that on 21/12/1992 Kishore Chandra Panda, Inspector of Excise, E.I.B., Berhampur (P.W. 2) during his visit to Aska was intimated by Laxmidhar Das. A.S.I. of Excise, E.L.B. Aska (P.W. 1) regarding transportation of opium by the appellant. The said Inspector alongwith the A.S.I. and other staff proceeded and near Jhagadei-cave spotted the accused waiting beside the road to avail bus holding a jerry bag in his hand. P.W. 2 disclosed his identity and searched the jerry bag held by the appellant in presence of witnesses after observing the formalities of search and found the bag contained 2 Kgs. of opium. He prepared the seizure list, took sample packets of opium, recorded the statement of the witnesses and forwarded the accused to the Judicial Magistrate, First Class, Aska on the said date. After making necessary investigation prosecution report was submitted against the appellant and ultimately the judgment of conviction has been passed.

(3.) The plea of the appellant was one of the complete denial. While advancing the plea of complete denial the appellant had also stated that on the alleged date of occurrence at about 10 a.m. he was brought by the A.S.I. from the spot, from the tea stall where he was taking his tea and a bag was kept underneath the bench where he was sitting. Later on in the evening the Inspector came from Berhampur and he was booked under the alleged offence.