RAMA CHANDRA MOHANTY Vs. STATE OF ORISSA

JUDGEMENT

(1.) IN this appeal the appellant challenges the legality, propriety and correctness of the judgment and order dated 13.9.2001 passed by the Sessions Judge, Puri convicting him under Sections 18 and 20 (b) (i) of the N.D.P.S. Act in T.R. Case No.1 of 2001 and sentencing him to undergo R.I. for ten years and to pay a fine of Rupees one Lakh, in default to undergo R.I. for one year more on the first count and R.I. for one year and to pay a fine of Rs.30,000/ - in default to undergo R.I. for three months on the second count.

(2.) BEREFT unnecessary details the prosecution case is that on 2.10.2000 at about 2 P.M. while the S.I. of Excise, Puri (Sadar) along with his staff, A.P.R. force and one Executive Magistrate was performing patrolling duty at Naredrakona area, getting reliable information that the accused -appellant was in illegal possession of Ganja and opium in his dwelling house at Dandimala Sahi of Puri town, recorded the information, sent the same to his immediate Superior authority and proceeded to the spot along with the patrolling party, without waiting for search arrant due to paucity of time, lest the accused -appellant would escape. On arriving near the house of the accused -appellant they saw him coming out of his bed room with a gunny bag in a suspicious manner and as such the S.I. detained him, gave his identity and asked him whether he wanted to be searched in presence of a gazetted officer to which he denied and then the S.I. searched the person of the accused -appellant and recovered a polythin bag containing Ganja. He also searched the bed room of the accused -appellant and recovered two more polythin bags containing Ganja, one cloth bag containing opium, one weighing scale and one weighing unit of 50 grams. The three -polythin bags were found to have contained 10 Kgs. of Ganja each and the cloth bag 2 Kgs and 350 grams of opium. Then S.I. seized the contraband articles in presence of witnesses, sealed the bags with his personal brass seal, pasted paper slips containing signature of the accused -appellant and witnesses including the Executive Magistrate on the bags and prepared seizure list as per Ext.1/1, gave the brass seal in Zima of one Rajesh Kumar, arrested the accused -appellant, examined the witnesses and returned to the Excise barrack with the seized articles. On 4.10.2000 he drew up sample of 50 grams from the content of each of the polythin bags and the cloth bag in presence of the S.D.J.M., Puri in his Court and sent the same through the S.D.J.M. for chemical examination, packed and sealed the bulks of Ganja and opium separately and after conclusion of the investigation submitted P.R. against the accused -appellant for the offence under Sections 18 and 20(b) of the N.D.P.S. Act, whereunder he faced the trial.

(3.) AFTER assessing the evidence on record, the trial Court found the accused -appellant guilty for the offence under Sections 18 and 20 (b) (i) of the N.D.P.S. Act and convicted and sentenced him thereunder as mentioned earlier. Being aggrieved with the said order of conviction and sentence the accused -appellant preferred the present appeal.