SURESH KUMAR SAHU Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellant assails the order of conviction under Section 21 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as the 'N.D.P.S. Act') and sentence of ten years' rigorous imprisonment and fine of rupees one lakh,in default, to undergo further rigorous imprisonment far two years, passed by the Additional Sessions Judge, Bhubaneswar, in Sessions Trial No. 20/251 of 1992.

(2.) Shorn of unnecessary details, the prosecution case is as follows: On 7-10-1992 at about 7.30 p.m., Shri U. K. Mallik, S. I. of Police of Capital Police Station, was on special petrol duty along with other officials. Information was received from reliable source that a person named Suresh was selling brown sugar near a 'Jhumpudi' hotel in front of Bank Colony, Unit-IV. After getting information, it is alleged that the S. I. of Police sent a requisition to the Sub-Collector, Bhubaneswar, to depute an Executive Magistrate and accordingly Executive Magistrate Shri A. C. Behora (P.W. 1) accompanied the police party. The raiding party went to the spot and it was found that two persons ran away seeing the police. The raiding party after pursuing caught-hold of accused Suresh Kumar Sahu, the appellant. The search of the accused was taken in presence of the Executive Magistrate as well as other members of the raiding party and six number of paper packets containing brown sugar weighing about 660 milligrams and cash of Rs. 70/- from the person of the accused were seized. Subsequently, after seizure F.I.R. was registered and the appellant had to face trial under Section 21 of the N.D.P.S. Act.

(3.) The plea of the accused was one of denial.