LAWS(ORI)-2017-5-34

KISANTA NAYAK Vs. STATE OF ODISHA

Decided On May 10, 2017
Kisanta Nayak Appellant
V/S
STATE OF ODISHA Respondents

JUDGEMENT

(1.) The appellant in this appeal assails the judgment of conviction and order of sentence passed by the learned Sessions Judge-cum-Special Judge, Ganjam-Gajapati at Berhampur in G.R. Case No. 1 of 2008 (N)/T.R. No. 3 of 2008 convicting him under Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substance Act, 1985 (for short "the Act") and sentencing him to undergo R.I. for 10 (Ten) years and to pay a fine of Rs. 1 lakh, in default, to undergo R.I. for a further period of two years.

(2.) Prosecution case as revealed from the record may be stated succinctly as under:-

(3.) The appellant being charged for the aforesaid offence, and having abjure his guilt, faced trial before the learned Special Judge, Ganjam, Berhampur for alleged commission of offence punishable under Section 20(b)(ii)(C) of the Act. As the appellant denied the charge, prosecution examined 12 witnesses and also exhibited 16 documents including chemical examination report and M.Os.I and II, attach cases. Though the appellant had taken a plea of denial, but adduced no rebuttal evidence to probabalize his plea of denial.