RAMESH CHANDRA SAHOO Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order passed by the learned Sessions Judge. , Cuttack in G. R. Case No. 1510 of 2002 convicting the appellant under Section 2kb) of Narcotic Drugs and Psychotropic Substances Act (for short the 'n. D. P. S. Act') and sentencing him to undergo r. I. for seven years and to pay a fine of Rs. 50,000 (Rupees fifty thousands only), in default to undergo R. I. for one year.

(2.) PROSECUTION case, in brief, is as follows: on 6. 11. 2002, PW 3 the I. I. C. , madhupatna Police Station, Cuttack on receipt of reliable information that the appellant was dealing with brown sugar at Manimandir square at khannagar, proceeded to the spot along with his staff including PW1 SI of Police, PW 2 ASI of Police and PW7 police Constable after requesting the superintendent of Police over telephone to depute an Executive Magistrate or Gazetted Officer to the spot. On the way PW3 procured PWs. 4 and 5 two independent witnesses. At the spot PW3 and his staff detained the appellant. Soon thereafter PW6, the city D. S. P. , Cuttack, who to be a gazetted Officer, arrived there. After observing all procedural formalities prescribed under law, PW 3 took personal search of the appellant and recovered from his possession a polythene packet containing brown sugar Being sent for, PWS the Scientific Officer of District Forensic Science laboratory, Cuttack arrived there. Recovered contraband on weighment by PW8 was found to weigh 32 grams and 100 milligrams. Sample quantities drawn out of the recovered contraband by PW 3 were kept in two packets. The recovered packet as well as sample packets were sealed. The sealed packets as well as appellant's pant and shirt were seized by PW 3 under seizure list Ext. 4. The brass seal used by pw3 was kept in the zima of PW 4 under zimanama Ext. 5. PW3 arrested the appellant and prepared first information report Ext. 6 at the spot. Upon registration of the case, PW 3 directed pw9 S. I. of Police to take up investigation. In course of investigation, PW9 examined the witnesses, effected seizures and despatched one of the sample packets for chemical examination to S. F. S. L. through S. D. J. M. (S), cuttack. Result of chemical examination as communicated under the report ext. 15 indicated the content to be diacetyl morphine (heroin ). On completion of investigation charge-sheet was submitted against the appellant.

(3.) DEFENCE plea was one of denial.