JADABA DEHURY @ DEHERY Vs. STATE OF ORISSA

JUDGEMENT

(1.) IN the present appeal, the appellant Jadaba Dehury has sought to challenge the judgment dated 7.2.1992 passed by the learned Sessions Judge, Bolangir in G.R. Case No.476 of 1991 (Sessions Case No.68 of 1991) convicting him under Section 20(a)(i) of the N.D.P.S. Act, 1985 and sentencing him to undergo R.I. for a period of one year.

(2.) FROM the facts of this case, it appears that the Officer -in -charge of the local Police Station seized two Ganja Plants from the vegetable garden of the appellant on 27.7.1991 and since the appellant had no authority to cultivate ganja, the appellant was charge -sheeted under Section 20(a)(i) of the N.D.P.S. Act, 1985. The prosecution examined three witnesses and while P.W.2 was the Revenue Inspector in whose presence the seizure was effected. P.W.3 was the Police Officer who detected the case and P.W.1 was stated to be an independent local witness to the seizure.

(3.) IT is stated by the learned counsel appearing for the appellant that from the facts of the present case and the evidence forthcoming therefrom, it would be clear that the sample sent for chemical examination was not drawn from the articles seized from the possession of the appellant and there was adequate chance of tampering the samples. In this respect, learned counsel for the appellant laid stress on the cross -examination of P.W.3 (detecting Police Officer) who admits that "no sample was kept nor he affixed any specimen seal on the plants recovered and seized from the accused". It is also a fact that while the recovery was effected on 27.7.1991, the sample was received by the Forensic Laboratory, Bhubaneswar only on 27.8.1991. Learned counsel laid stress on the aforesaid fact and submitted that the prosecution has not been able to establish by leading cogent, convincing, consistent evidence regarding the discrepancy in the sample sent for chemical analysis and that failure to affix any seal on the seized plant and the further delay in sending the samples for chemical analysis has not been explained. For convenience, Section 55 of the N.D.P.S. Act is quoted hereinbelow.