JALANDHAR SINGH Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellant, by filing this appeal, has assailed the judgment of conviction and order of sentence dated 19.06.1992 passed by the learned Sessions Judge, Sambalpur in S.T. Case No.158 of 1990.

(2.) Prosecution case, in brief, is that on 12.07.1990 the Sub Inspector of Excise (P.W.4) and Assistant Sub Inspector of Excise (P.W.1) were performing patrol duty at Dhutura. It was around 9.30 A.M. to 10.00 A.M. they found accused going over the railway crossing carrying a bag. At the sight of P.W.1 and 4, when his movement was found to be suspicious, he started running. He was then chased by P.W.4 and detained. Thereafter in presence of witnesses, P.W.4 observing legal formalities, searched the bag carried by the accused. On search the bag was found to contain 6 kgs of ganja. Seizure of the gnaja and other articles were made and seizure list was prepared. A copy of the said seizure list was handed over to the accused in presence of witnesses. The accused then being arrested was forwarded in custody to the court of the learned S.D.J.M., Jharsuguda along with seized ganja. On completion of investigation, prosecution report being submitted in the court; the accused faced the trial. The case of the accused is that of complete denial and false implication.

(3.) It has been stated by the accused in his statement under section 313 Cr.P.C. that he had come to Jharsuguda for purchasing some articles and being called by the Excise officials had gone to the office where he was asked about his brother and then his signature were taken in few papers. It is further stated that the Excise officials having detained him for about two hours, arrested him and forwarded to the court.