BISHNU CHARAN DAS Vs. STATE OF ODISHA

JUDGEMENT

(1.) This appeal has been registered under Section 374(2), Cr.P.C. basing upon a letter of the appellant from the Circle Jail, Cuttack at Choudwar.

(2.) In this appeal, the appellant seeks to assail the judgment and order of conviction and sentence dated 26.07.2008 passed by learned Additional Sessions Judge, Cuttack in G.R. Case No.897 of 2001 thereby convicting the appellant under Section 21 (b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, 'NDPS Act') and sentencing him to undergo imprisonment for ten years and to pay fine of Rs.1.00 lakh, in default to undergo further Rigorous Imprisonment for two years.

(3.) On 23.06.2001, the Inspector in-charge of Madhupatna Police Station (PW-5) got telephonic information that a young man wearing a black jean pant and stripe shirt moving from the direction of Gopalpur towards Rousapatna in one numberless Luna Super Moped. He was carrying brown sugar. It was the Srigundicha day. Upon receiving the information, PW-5 making a Station Diary entry and informing the matter to Superintendent of Police, Cuttack as well as Deputy Superintendent of Police, Cuttack City, proceeded towards Link Road crossing along with his Sub-Inspector of Police (PW-1), Assistant Sub-Inspector of Police and other staff. He also requested one Buli @ Trinath Sahu and Jatia Sethi (PW-2) to be the witnesses. At that time, seeing the appellant, PW-5 signaled him to stop. But the appellant attempted to escape from the spot speeding his Luna. On chase, the IIC and his staff along with the independent witnesses could be able to apprehend him. Thereafter, the IIC expressing his purpose of apprehending the appellant asked his identity. At this, the appellant disclosed his identity as Bishnu Ch. Das of Old Rousapatna. Then I.I.C. (PW-5) asked the option of the appellant to be searched by an Executive Magistrate or a Gazetted Officer. The accused opted to be searched in presence of either of the two. The D.S.P. City Cuttack, (PW8), who was also present at the spot, sent requisition to the S.D.O. to depute an Executive Magistrate. Accordingly, the Executive Magistrate (PW-4) arrived at the spot. Upon disclosing their identity and asking the consent of the appellant to be searched, the appellant consented in writing. The I.I.C. (PW-5) then gave his personal search in presence of other persons present there, but no incriminating materials was found, from the I.I.C and then he took the personal search of the appellant and during search he could found one polythene packet containing brown sugar from the left side pocket of the pant of the accused along with one cell phone. On weighment at the spot, it is found that the packet weighed 170 grams along with the brown sugar. The net content of brown sugar was 169 grams. Accordingly, he prepared two samples, each weighing 5 grams of brown sugar and kept the same in separate polythene packets and the residue were also packed and then the same were sealed in presence of the witnesses. The signature of the D.S.P. and the Executive Magistrate were taken on all the packets including the cell phone; the seizure list was also prepared. The brass seal used for sealing purpose was handed over to one Trinath Sahu and on arrival at the Police Station at 3.20 P.M., all the articles were kept in P.S. Malkhana. After making necessary entries in the station diary, the I.I.C. directed one S.I. Krupasindhu BIswal (PW-6) to take up the investigation. On completion of the investigation, charge under Section 21 (a) of the N.D.P.S. Act was framed and the appellant faced trial.