MANOJ KUMAR BASATRAY Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 21. 1. 1987 passed by the learned 1st Additional Sessions Judge, Cuttack convicting the appellant and the co-accused under Section 21 of the N. D. P. S. Act and sentencing each of them to undergo rigorous imprisonment for ten years and to pay a fine of rupees one lakh in default to undergo further rigorous imprisonment for two years in G. R. Case No. 730 of 1998/22-T/98.

(2.) THE case of the prosecution is that on 28. 7. 1998 PW5. Upendra Nath Sahoo, Inspector, C. I. D. , C. B. , received reliable information from his source that the appellant and the co-accused were dealing in clandestine business of brown sugar at the homestead land of accused Sweta Kumar Swain. He reduced the information to writing and submitted the same to the S. P. , C. I. D. , C. B. On the orders of the S. P. , PW5 along with s. I. , Satyabadi Padhi (PW5) and other staff of C. B. went to Sadar P. S. and placed a requisition for assistance and proceeded to the spot along with two witnesses. On seeing the Police personnel, the persons purchasing brown sugar from the accused persons fled away and could not be apprehended. Thereafter, PW5 explained the accused persons the ground of suspicion, gave them option, searched their person and recovered brown sugar along with other articles from each of the accused persons. He seized the same in presence of the witnesses, arrested the accused persons and returned to the sadar police station where submitted the report and produced the seized articles along with the accused before the O. I. C. On receipt of the report, Sadar P. S. Case No. 180 of 1998 was registered and after due investigation charge-sheet was submitted against the present appellant and another.

(3.) THE plea of the accused persons was complete denial of the allegations.