NILAMANI SAHU Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellant assails his conviction under section 20(b) (i) of the Narcotic Drugs and Psychotropic Substances Act (hereinafter called the NDPS Act) and sentence of RI, for 4 years and fine of Rs. 5.000/with a default sentence of R.I. for one year, imposed by the Sessions Judge, Sambalpur.

(2.) As per the prosecution case on 17 -7 -1994 at about 7 p.m. the Officer in-charge, Govindpur Police Station (PW-4) was performing patrol duty near Bamara Railway Station along with A.S.I. (PW-1) and Havildar. In front of one Rajen ChoudhuryTs Hotel, the aforesaid police officials found the accused coming from the Railway Station side with a plastic bag. On suspicion the Officer-in- charge detained the accused and searched the bag. He found a white napkin inside the bag and inside the napkin, there was a polythene packet containing Ganja. After recovering the Ganja, the same was weighed with the help of one Birendra Prasad (PW-2). It is alleged that the Officer-inchage removed 25 grams of Ganja as sample and kept it in a separate packet and sealed both the packets. Subsequently, on chemical examination it was found that the seized material consisted of flowering and fruiting tops of Ganja.

(3.) The plea of the accused was one of denial. It is claimed that since he refused to give mangoes to the police officials free of cost, a false case has been foisted.