SAMBHULAL TIBRIWAL Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE appellant has challenged the order passed by learned Additional Sessions Judge -cum -Judge, Special Court Jharsuguda in T.R. Case No.36 of 2000 dated 5.5.2005 convicting him under Section 20(b) (ii) (C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, 'N.D.P.S. Act) and sentencing him to undergo R.I. for 15 years and to pay fine of Rs.1,00,000/ - in default to undergo R.I. for a further period of five years.

(2.) PROSECUTION case is that on receipt of reliable information, the O.I.C., Jharsuguda Police Station on 27.07.2000 conducted search in the betel shop of the appellant at Marwaripada in presence of Magistrate and witnesses and recovered several paper packets containing Ganja in total amounting to Kg 2.610 gms along with 51 nos of Ganja -Smoking pipes (Chillum). On the same day the O.I.C. also conducted search of the house of the appellant in presence of the witnesses and Magistrate and recovered one tin box, one gunny bag, some polythene bags containing more than Kgs 25.200 gms of Ganja. It is alleged that the appellant was illegally trading ganja and more than 25 kgs of contraband ganjas were recovered from his conscious possession.

(3.) TO bring home the charge against the appellant prosecution examined seven witnesses and exhibited documents, which were marked as Exts.1 to 12. The appellant did not produce any witness or document. On consideration of the evidence on record learned Special Judge came to the conclusion that the appellant was treading contraband Ganja and was in conscious possession of Ganja amounting to commercial quantity. He accordingly, convicted and sentenced the appellant as indicated above.