ABHIMANYU JENA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appeal is directed against the order dated 15-5-1993 passed by the 2nd Additional Sessions Judge, Cuttack, convicting the appellant under Section 20(b)(i) of the Narcotic Drugs & Psychotropic Substances Act. 1985 {hereinafter referred to as the Ace) and sentencing him to undergo R.I. for five years and to pay fine of Rs. 50,000/- in default to undergo R.I. for one year more.

(2.) Briefly stated the prosecution case is that on 14-12-1990, the Sub-Inspector of Excise (P.W. 2) was on patrol duty alongwith his staff (P.W. 1) near the Cuttack Railway Station. At about 9 p.m. he noticed the accused coming out of the Railway Station and proceeding towards the Taxi Stand. He was a leper and was seen carrying two bags in his hand. His movements aroused suspicion and as such he was detained by the Sub- Inspector of Excise (P.W. 2) The Sub-Inspector of Excise (P.W. 2) disclosed his identity and wanted to know whether he intended to be searched by a Gazetted Officer or by a Magistrate. The accused raised no objection for being searched by P.W. 2 and on P.W. 2 after observing all the formalities of search took the personal search of the accused and recovered two bags. On weighing and examination it was noticed that each bag contained 5 kgs of Ganja. The accused had no authority to possess the same and as such he was taken to custody. The articles were seized and sample was taken. Later sample was sent for chemical analysis and on receipt of the report of the analyst the accused was prosecuted.

(3.) During trial only two witnesses were examined by the prosecution. They are the Sub-Inspector of Excise (P.W. 2) and an Excise Constable (P.W. 1). The independent witness viz., Natha Das though present in court was not examined by the prosecution.