LAXMAN MOHAPATRA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The sole appellant has been convicted under Section 81 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as the 'N.D.P.S. Act') and sentenced to undergo rigorous imprisonment for ten years and to pay a fine of rupees one lakh, in default, to undergo rigorous imprisonment for further period of one year.

(2.) The prosecution case is as follows : On 15-8-1991, the Officer-In-Charge, Puri Town Police Station, got reliable information at about 6.45 P.M. that brown sugar was being peddled near Gadanti Chhak. It is alleged that the O.I.C. (P.W. 5) made S. D. Entry No. 372 dated 15-8-1991 and proceeded towards the spot along with Sub-Inspector (P.W. 1), Shri N. N. Lanka, S. I. and two Havildars who have not been examined. It was found that the appellant was selling brown sugar. On seeing the raiding party, the buyers left the place, but the accused was apprehended. In presence of P.Ws. 2, 3 and 4, the accused was searched and brown sugar was seized which was kept in police malkhana till production in Court on 12-11-1991 on which date it was sent for chemical analysis. After receiving report from the Chemical Analyst that the articles seized were, in fact, brown sugar, charge sheet was filed and the accused person was prosecuted under Section 21 of the N.D.P.S. Act of selling/being in possession of brown sugar.

(3.) The plea of the accused person was one of denial and it was claimed that he has been falsely implicated.