SAMBHULAL TIBREWAL Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellant Sambhulal Tibrewal faced trial in the Court of the learned Additional Sessions Judge-cum-Judge, Special Court, Jharsuguda in T.R. Case No. 7 of 2002 for the offence punishable under Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereafter 'the N.D.P.S. Act') on the accusation of possessing 82 kgs. 100 grams of ganja illegally on 11.06.2002 at about 3.15 p.m. in his house situated at Marwaripadar under Jharsuguda police station.

(2.) The prosecution case as per the first information report lodged by Sri Pradeep Kumar Mohapatra (P.W.9), Circle Inspector of Police, Jharsuguda on 11.06.2002 before Jharsuguda police station is that on that day at 10.45 a.m. while he was at Jharsuguda police station, he received reliable information from his own source that the appellant and his brother Natarbarlal Tibrewal were dealing with ganja in large quantity and selling the same to general public and that they had kept ganja in their houses. P.W.9 after receipt of such information, entered the fact in the station diary vide S.D. Entry No. 232 dated 11.06.2002 and intimated the fact to the Superintendent of Police, Jharsuguda vide letter No. 769 of Jgu PS. dated 11.06.2002 through constable No. 177 Biranchi Pradhan (P.W.2) vide command certificate No. 26. P.W.9 requested the S.P., Jharsuguda to move the District Magistrate and Collector, Jharsuguda to depute one Executive Magistrate to remain present during verification about the truthfulness of the information. After arrival of Mr. Jameswar Sahu (P.W.6), S.D.M, & Sub-Collector, Jharsuguda, P.W.9 along with the other police officials and S.D.M. proceeded to Marwaripada in a jeep and he arranged two local witnesses namely Raju Poddar and Rajendra Prasad Sharma (P. W.7) and informed them about their information and requested them to assist during the search. When the raiding party members arrived at the house of the appellant, they called the appellant who came out of the house opening the front door and the raiding party members gave their identity and informed him about their information and also intention to search the house. It is further stated in the FIR that the appellant took personal search of the informant and other police officials and then the raiding party members entered inside the house of the appellant and searched the house and during search of the room of the appellant in presence of the witnesses, they found one gunny bag and a green colour Allwin attache in the corner of the bed room and on search of the gunny bag and attache, ganja was found therein and another gunny bag was found in the Puja Ghar below the cemented slab which was brought out and opened and ganja was also found therein. One medium weighment scale was also found. The weight of the ganja found in the gunny bags was taken. In the first gunny bag, the total weight of the ganja was found to be 34 kgs. 500 grams including the gunny bag and the ganja in the attach was found to be 8 kgs. 500 grams including the attach and the ganja in the second gunny bag was found to be 39 kgs. 100 grams including the gunny bag. P.W.9 collected sample ganja in two packets from each of the gunny bags as well as attach and weighment slip was prepared in presence of the witnesses. The sample packets were stitched so also the main packets in presence of the witnesses and those were sealed by using the brass seal of P.W.9. Seizure lists were prepared and the contents were read over and explained to the witnesses who put their signatures. When the appellant was asked by P.W.9 to produce any authority for keeping such huge quantity of ganja in the house, he failed to produce the same and accordingly, he was taken into custody after disclosure of grounds of arrest.

(3.) During course of trial, in order to prove its case, the prosecution examined nine witnesses.