GHADUA MUDULI & ANR Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellants Ghadua Muduli and Tularam Bhoi @ Tulu faced trial in the Court of learned Addl. Sessions Judge -cum- Special Judge, Jeypore in Criminal Trial No. 38 of 2010 for offence punishable under section 20(b) (ii) (C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereafter 'N.D.P.S. Act') on the accusation that on 04.02.2009 at about 5.00 a.m. on N.H. 43 near village Tangini, they were found transporting commercial quantity of 270 kilograms of contraband ganja in a Bolero vehicle bearing registration No.OR-02-AS-0344 without any license in contravention of provision of the N.D.P.S. Act.

(2.) The prosecution case, as per the first information report (Ext.10) lodged by Hemanta Kumar Panda (P.W.4) , Inspector in charge of Pottangi police station on 04.02009 is that on that day in the night at about 30 a.m., he received reliable information that contraband ganja was being transported in a Bolero vehicle bearing registration no.OR-02-AS-0344 from Koraput side towards Salur. He made P.S. station diary entry no.68 dated 04.02009 and since he had reason to believe that delay would be caused in obtaining the search warrant which would facilitate the accused persons to escape with contraband ganja, he thought it prudent to conduct raid without obtaining search warrant. P.W.4 accordingly recorded the grounds of belief in the station diary and sent a report to the Superintendent of Police, Koraput who was his immediate superior officer after making P.S. D.R. No. 173 dated 04.02009. Constable C/295 R.N. Biswal was asked to hand over the report to Superintendent of Police, Koraput. Then P.W.4 along with other staff proceeded towards Sunki in police jeep for detection of the case.

(3.) On receipt of charge sheet, the learned Sessions Judge -cum- Special Judge, Koraput-Jeypore took cognizance of offence under section 20(b) (ii) (C) of the N.D.P.S. Act on 02.02.2010. Charge was framed on 04.08.2010 and the appellants pleaded not guilty and claimed to be tried.