SANATAN MALLIK ALIAS SANIA Vs. STATE

JUDGEMENT

(1.) In this appeal from Jail the legality of order of conviction and sentence passed by the learned Additional Sessions Judge, Bhubaneswar, has been called in question.

(2.) The accused Sanathan Mallik alias Sania, stood charged under Section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the 'N.D.P.S. Act') for having in his possession 24 grams of brown sugar on 10-8-1992 on the road in front of Panda Narsing Home in Unit III, Bhubaneswar.

(3.) The prosecution case, in short, is that on 10-8-1992, Sri B.K. Singh Samant (P.W. 4). Sub Inspector of Excise, Bhubaneswar incharge of Unit No. II, was on patrol duty at about 12 a.m. along with his staff. While he was performing patrol duty in Unit No. 3 area, he received information regarding storage and sale of brown sugar by the accused Sanatan alias Sania Mallik. On receipt of this information, he along with his staff proceeded to the place and detailed the accused who was standing in front of Panda Narsing Home in Unit No. 3. Bhubaneswar. The Sub Inspector of Excise (PW 4) called two witnesses and in their presence, searched the person of the accused after observing all usual formalities and recovered 24 grams of brown sugar from his possession. Besides recovery of brown sugar , a sum of Rs. 4,513/- representing sale proceeds of brown sugar was also recovered from his possession. The accused was forwarded to the Magistrate and eventually on receipt of report of Chemical examination of the sample, the accused faced trial before the learned Additional Sessions Judge, Bhubaneswar.