PUSHPENDRA SONWANE Vs. STATE OF ODISHA

JUDGEMENT

(1.) The three appellants stood convicted under Sec. 29 (b) (ii) (C) of the Narcotic Drugs Psychotropic Substances Act (in short "the N.D.P.S. Act") by the learned Additional Sessions Judge-cum-Special Judge, Malkangiri in Criminal Trial No. 52 of 2010 and have been sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs. 2,00,000.00 (two lakhs) in default, to undergo further rigorous imprisonment for two years each.

(2.) The prosecution case is that on 30.05.2010 night the S I. of Police one H.R. Dash of Orkel Police Station while performing Anti-naxal night patrolling duty along with other staff, found a vehicle coming from Balimela side in high speed without having number plate. On suspicion, the vehicle was detained in front of the Orkel PS. and three persons namely, the present three accused persons were found as occupants of the vehicle who tried to run away but were apprehended by the Police. On interrogation, they disclosed their identity but on demand, could not produce any document in respect of the vehicle, for which under suspicion, the officers asked the accused persons to open the tarpaulin cover put on the carrier. Eighteen numbers of jute bags were found inside the carrier and on opening the same, it was found out that all these bags carried contraband ganja giving foul smell. It is further case of the prosecution that on interrogation, the accused persons confessed to have been carrying the contraband ganja from one Malia Parida and Sunil Agrawal of Chitrakunda to deliver the same to one Sunil Patel at Jeypore. The concerned S.I. of Police informed the Inspector in-charge of the Orkel Police station and since it was chance detection, the formalities required under Sec. 42 and Sec. 57 of the N.D.P.S. Acts could not be complied with. Thereafter, the two independent witnesses and a weighman were called to the spot. One Photographer was also called to take photographs. In presence of the witnesses, the contraband ganja was weighed and was found to be 577.5 Kgs. The samples in duplicate were taken from each of the packets found in the bags and were sealed putting paper slip and personal seal of the officer who left the brass seal in zima of the independent weighman namely, Bipin Kumar Nayak. Thereafter, the officer produced the accused persons along with the seized articles and a written F.I.R. before the Inspector-in-charge of Orkel Police Station who directed one e Inspector D.N. Bhoi to take up the investigation of the case. The said Inspector of Police resealed the sample packets and the bulk articles and kept those in police station malkhana. He, thereafter, forwarded the accused persons as well as the seized materials to the court of learned Special Judge, Malkangiri. As per direction of the learned Special Judge, the materials were produced before the learned S.D.J.M., Malkangiri on the next day, who directed to send the sample packets for chemical examination to R.F.S.L., Berhampur, and asked the police officer to keep bulk articles in the police station malkhana due to want of space in the court Malkhana. The charge of the investigation was subsequently handed over to another S I. of Police due to transfer of the first Investigating Officer, who submitted the charge-sheet in the case.

(3.) The accused persons took a plea of complete denial with a further plea advanced through one witness examined on behalf of the defence who was the owner of the seized vehicle that the vehicle had gone to bring jackfruits but it was falsely and illegally detained and seized by the Police Officers with fake allegation.