RAMAKRUSHNA SAHU Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellant Ramakrushna Sahu in Criminal Appeal No. 98 of 2012, appellant Trilochan Sahu in Criminal Appeal No. 123 of 2012, appellant Subash Mahapatra @ Subash Ch. Mahapatra in Criminal Appeal No. 198 of 2012, appellant Firoz Alli Khan @ Bulu in Criminal Appeal No. 259 of 2012 and appellant Kailash Chandra Panda in Criminal Appeal No. 330 of 2012 faced trial in the Court of learned Sessions Judge -cum- Special Judge, Ganjam, Berhampur in G.R. Case No.02 of 2009(N)(T.R. No.07 of 2009) for offences punishable under sections 20(b)(ii)(C) and 29 of the Narcotic Drugs and Psychotropic Substances Act , 1985 (hereafter 'the N.D.P.S. Act ') and sections 482 / 34 of the Indian Penal Code on the accusation that on 06.09.2009 at about 4.00 p.m. at Patrapur bus stand, they were found transporting 595 kgs. 500 grams of contraband ganja in 66 polythene packets through three four wheeler vehicles in contravention of the provisions of section 8(c) of the N.D.P.S. Act and they abetted the commission of offence and were party to criminal conspiracy and used fake number plates in furtherance of their common intention.

(2.) The prosecution case, as per the first information report (Ext.30) lodged by Sri Trinatha Mishra (P.W.14), Inspector in charge of Jarada Police Station, in short, is that on 06.09.2009 at about 1.00 p.m., he received reliable information to the effect that ganja was being transported in three vehicles i.e. TATA SUMO, INDICA Car and SANTRO Car from Vishakapatnam side towards Bhubaneswar. He entered the said fact in the station diary of the police station vide SDE No.120 dated 06.09.2009 and immediately informed the S.P., Berhampur and S.D.P.O., Chikiti over telephone which was reflected in SDE Nos.121 and 122 dated 06.09.2009 respectively. He also submitted report to the S.P. and S.D.P.O. vide DR Nos.1095 and 1096 respectively which was reflected in SDE No.120. P.W.14 then requested S.D.M., Berhampur over telephone to send one Executive Magistrate to remain present during search and seizure. As there was no sufficient time to obtain search warrant and there was every possibility of escape of culprits, he along with other police officials left the police station in police jeep and SDE No.123 was entered in that respect. After reaching at Samuntiapalli Chhak, P.W.14 called two witnesses namely Raj Gopal Padhi (P.W.1) and Mahendra Kumar Sethi (P.W.2) to remain with them during search and seizure and apprised them regarding the information and raid. At about 3.30 p.m. while the patrolling party members were present at Samuntiapalli Chhak, they found one TATA SUMO, one INDICA Car and one SANTRO Car was coming from B. Nuagaon side in a high speed. Signal was given to stop the vehicles but the drivers of the vehicles did not oblige and drove away towards Patrapur. The patrolling party chased the cars in P.S. Jeep as well as in motor cycles and could be able to detain the vehicles at Patrapur Bus stand. First they guarded the vehicles and it was found that the TATA SUMO, INDICA Car and SANTRO car were bearing Regd. No.OR-05-J-6633, OR-02-Z- 4005 and AP-30-A-7789 respectively. While detaining the vehicles, two persons fled away from the vehicles. Meanwhile Sri Debabrata Sahoo (P.W.11), Tahasildar, Chikiti -cum- Executive Magistrate reached at Patrapur Bazar. They found two persons present inside INDICA Car, two persons inside SANTRO Car and one person inside TATA SUMO vehicle. All the three vehicles were loaded with blue & orange coloured polythene packets. After detaining the vehicles, the patrolling party members along with the Executive Magistrate, Chikiti and witnesses gave their identities and explained the accused persons regarding the purpose of detaining them i.e. search of their vehicles relating to possession/transportation of ganja. P.W.14 asked the two persons present in the SANTRO Car to give their identities and they gave their identities as (1) Suchi @ Suchit Sahoo (2) Kailash Ch. Panda (appellant in CRLA No.330 of 2012). The persons present inside the INDICA Car disclosed their identities as Trilochan Sahoo (appellant in CRLA No.123 of 2012) and Subash Mohapatra (appellant in CRLA No.198 of 2012). The person present inside the TATA SUMO disclosed his identity as Balia @ Rama Krushna Sahoo (appellant in CRLA No.98 of 2012). P.W.14 asked them in writing whether they wanted to be searched in presence of Gazetted police officer or Executive Magistrate but all of them gave their written willingness/consent to be searched in presence of the Executive Magistrate. Before search, the patrolling party members, Executive Magistrate and the independent witnesses gave their personal search to them and accordingly, search lists were prepared. Then the personal search of the accused persons were taken after bringing them from the vehicles. During personal search, two NOKIA 6030 sets and one E-Touch China made Mobile phone were found with Suchi @ Suchit Ku. Sahoo and NOKIA (1650 Model) set found with Kailash Ch. Panda (appellant in CRLA No.330 of 2012) and old NOKIA mobile set with Subash Mohapatra (appellant in CRLA No.198 of 2012). When the TATA Sumo vehicle was searched, 33 closed polythene packets containing ganja and two registration number plates bearing registration No.OR-13-4262 were found. The INDICA car was loaded with twenty four closed polythene packets containing ganja. The SANTRO Car was found loaded with nine closed polythene packets containing ganja. Two registration number plates bearing No.OR-02-AJ-7330 were found inside the SANTRO Car. P.W.14 sent N.C. Pati, A.S.I. of police to Patrapur Bazar to bring weighing instrument to weigh the ganja. After prolonged interrogation, the above five accused persons disclosed that they along with Bulu Khan (appellant in CRLA No.259 of 2012), Kapila Sahoo, S/o-Dama Sahu of Vill- Jagannathpur, Gudum, P.S./Dist-Khurda, Satya Swain of Balimela and one Fakira of Nayagarh were dealing with ganja business since about last two years and they were bringing ganja from village Gudum near Vishakhapatnam (Andhra Pradesh) and selling the same at Khurda, Bhubaneswar, Cuttack and Puri towns under the leadership of Bulu Khan and Kapila Sahu. They further disclosed that on that day, Bulu Khan (appellant in CRLA No.259 of 2012) was piloting them in one INDICA Car bearing Regn. No. OR-02-X-7803 & transporting ganja from one place to another. Kapil Sahu was driving detained SANTRO Car and Fakir of Nayagarh was driving the detained TATA SUMO and both of them fled away leaving the vehicles. Meanwhile, A.S.I. of police N.C. Pati came with one K Tripati Kumar Patro, S/o-K. Koti Patro of Main road, Patrapur who was dealing in rice business and he came with his electronic weighing machine.

(3.) P.W.14 drew up a plain paper first information report at the spot and sent it to Jarada police station for registration.