LAWS(ORI)-2018-1-110

DEBENDRA PRADHAN Vs. STATE OF ORISSA

Decided On January 29, 2018
DEBENDRA PRADHAN Appellant
V/S
STATE OF ORISSA Respondents

JUDGEMENT

(1.) The appellant assails the judgment of conviction and order of sentence passed by the learned 1st Addl. Sessions Judgecum Special Judge, Puri in T.R. Case No.01/15 of 2013 in convicting him under section 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as "the Act").

(2.) The conspectus of the case of the prosecution is that on 2.8.2013 at about 5.30 A.M. while the Inspector of Excise, Bhubaneswar patrolling with the staff at village Muninda, found that the appellant was coming with a heavy jerry bag in his hand. Out of suspicion said Excise Officer detained the appellant and asked as to what articles he was carrying and he confessed to have carried Ganja.

(3.) The plea of the appellant as revealed from the statement recorded under section 313 of Cr.P.C. and the suggestion given during cross-examination to the prosecution witnesses that he has been falsely implicated in this case and pleads innocence.