ANADI CHARAN PARIDA Vs. STATE

JUDGEMENT

(1.) The appellant has been convicted under Section 21 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as the 'Act') and sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs. 1,00,000/-, in default, to undergo further rigorous imprisonment for two years.

(2.) Prosecution case, in brief, is as follows. P.W. 3, the Inspector of Police, C.I.D. Crime Branch, Cuttack, on receipt of reliable information that the accused, a peon of S.C.S. morning College, Pusi, was involved in clandestine business in Narcotic drugs, conducted surprise raid in the house of the accused at Banki Muhan, Puri, on 6-10-94 at 6.30 A. M. in presence of outsider witnesses, P.Ws. 1 and 2 after observing all the formalities. In course of search two swords, one gupti and one match box containing three pieces of burnt jari and two pieces of half burnt cigarettes were recovered from inside the bed room and twenty packets of brown sugar were recovered from the thatched roof of the bed room. Samples were drawn in presence of witnesses and were sent to the F.S.L. Rasulgarh, for chemical examination on the next day and after completion of investigation charge sheet was submitted alleging commission of offence under Section 21 of the Act.

(3.) The plea of the accused was one of denial. It was specifically stated that the house from which the alleged seizure took place did not belong to the accused.