PANKAJ PRADHAN Vs. STATE

JUDGEMENT

(1.) The appellant Pankaj Pradhan having been convicted of the offence under S. 18 of the Narcotic Drugs and Psychotropic Substances Act (for short 'the Act') has been in appeal.

(2.) The facts, in brief, are that on 6-10-1990, Sub-Inspector of Excise (P.W. 4) received a secret information about transportation of opium to Madhya Pradesh. He passed on this information to his superior officer, the Circle Inspector (P.W. 5) who is a Gazetted Officer for help and proceeded towards the lower bus stand at Chatrapur, with constable Sisir Kumar Padhy where Barat Chandra Bhanj (P.W. 3) was already on patrol duty. At about 11 a.m., he found the accused in the bus stand carrying a bag in his hand. On being pointed out by the informer, the Sub Inspector of Excise (P.W. 4) detained him, called the witnesses and expressed his desire to search him. After giving his identity, he also offered him the opportunity to be searched before his superior officer, i.e. P.W. 5 but the accused declined. At that time, the Circle Inspector, (P.W. 5) arrived at the spot. On search, 1.350 grams of opium was recovered from his possession for which he could not produce any valid licence or authority for possession of the same. Sample was collected in two packets containing 25 grams each, and they were properly wrapped in paper and sealed. The accused was informed about the ground of his arrest and was produced along with the seized article before the Judicial Magistrate First Class, Chatrapur on the same day. As the Malkhana Clerk was absent, the J.M.F.C. directed the Investigating Officer (P.W. 4) to deposit the seized articles on Monday, as the succeeding day was a Sunday. The samples were sent to the Chemical Examiner. On receipt of report, the Investigating Officer submitted prosecution report and this is how the appellant was put on trial before the Additional Sessions Judge, Berhampur.

(3.) The accused pleaded innocence.