(1.) THIS Appeal is directed against the judgment and order dated 19. 12. 1997 passed by the Sessions Judge, kalahandi-Nuapada at Bhawanipatna acquitting the respondent of the charge under Section 20 (b) (l) of the Narcotic Drugs and Psychotropic Substances Act in G. R. Case No. 315 of 1996.
(2.) THE case of the prosecution is that on 30. 8. 1996 Kumar Harizan and some other villagers had been to the Forest, locally known as Dabrighati, to collect firewood. After collecting firewood, when they were returning home, at about 4. 00 P. M. they found the accused-respondent and another man, who were passing through the said forest by holding a bag each. On being asked as to what articles they were carrying, the present respondent and the other man tried to flee away, but on being called, they came near. On interrogation of villagers, the present respondent admitted that he was carrying Ganja. The villagers recovered the ganja and took him and the other man along with the bags containing ganja to village kukudi where a Panchayati was held, to which the Gramarakhi was called, and the above persons handed over the present respondent and the other man alongwith the bags containing ganja in the zima of the gramarakhi. Thereafter, written report (Ext. 2) was lodged at Jaipatna Police station by P. W. 2. After receiving the report, the police, requisitioned the services of the Executive magistrate-cum-Tahasildar, went to the spot, seized the bags containing ganja from the Gramarakhi in presence of P. W. 2, drew sample of 25 grams each in two packets, sealed the packets and sent the sample ganja for chemical analysis. On completion of investigation, charge sheet was filed against the accused.
(3.) THE defence plea is of complete denial of the allegation.