SONIA PUJARI AND ORS. Vs. STATE OF ORISSA

JUDGEMENT

(1.) The judgment and order dated 30.06.2007 passed by the learned Addl. Sessions Judge-cum-Special Judge, Malkangiri in Criminal Trial No.79 of 2005 convicting the appellants under Sections 20(b)(ii)(B)/29(1) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short "the N.D.P.S. Act") and sentencing them to the minimum punishment as provided for those offences, is under challenge in this appeal at the instance of the appellants.

(2.) Prosecution case, in brief, is that on 21.05.2005 at about 12.30 p.m., Salkhu Murmu, the then S.I. of Police of Orkel Police Station, on receiving reliable information regarding the present appellants and two others being in possession of 'Ganja' inside the house of the appellant - Sonia Pujari for the purpose of transportation of the same, proceeded to the spot being accompanied by other police personnel, and on the way, he procured two independent witnesses. Before proceeding to the spot, S.I. Sri Salkhu Murmu, in absence of the O.I.C. of the Police Station, entered the fact in the Station Diary and intimated the substance of the said entry as well as his intention to proceed to the spot for the purpose of detection of the case, to his superior authorities. On arriving at the spot, he noticed that two persons, namely, Mohadev Pujari and Dinabandhu Pangi managed to flee away on seeing the police party, and then he gheraoed the house of the appellant - Sonia Pujari from outside, gave his identity to both the appellants, who were present there, explained them about the information received by him regarding the offences, and on observing other legal formalities, he conducted a search of the house of the appellant - Sonia Pujari and recovered from inside the house 7 no. of gunny bags containing 'Ganja', which on weighment came to be 64 kgs. in toto, collected two parts of sample, each weighing 25 grams from each of the bags, packed the sample packets as well as the gunny bags containing the bulk substance, sealed those bags and sample packets by using his personal seal and prepared seizure list in respect of them, left his seal in zima of one independent witness, namely, Sunadhar Khilla, arrested both the appellants at the spot, drew up the plain paper F.I.R. and sent the same to the Police Station for registration of a case and took up investigation at the spot. It further appears that the F.I.R. was registered at Orkel Police Statioin on the same day at 6.45 p.m. by the O.I.C. of the Police Station and further investigation of the case was entrusted to Sri R.K. Dehury (P.W.9), the then S.I. of Police posted at the same Police Station. In course of further investigation, the P.W.9 examined Sri Murmu and other witnesses, forwarded the appellants to Court on 22.05.2005, sent the samples under the order of the Court to R.F.S.L., Berhampur on 25.05.2005 for the purpose of chemical examination, effected seizure of the relevant documents, obtained the report of opinion from the R.F.S.L., Berhampur to the effect that the samples contained 'Ganja', got the spot house demarcated by a Revenue Inspector and on completion of investigation, he submitted charge-sheet under Section 20(b)(ii)(B)/29(1) of the N.D.P.S. Act against the present appellants as well as the other two accused persons, namely, Sukumar Biswas and Gunadhar Kabiraj showing them as absconders.

(3.) The learned trial Court framed charge against both the appellants under Sections 20(b)(ii)(B)/29(1) of the N.D.P.S. Act and since the appellants pleaded not guilty, trial was held, in course of which, the prosecution examined total ten witnesses and produced documentary evidence vide Exts.1 to 8. The sample packets were also produced before the Court during the trial vide M.Os.I to VII. The appellants adduced no evidence in their defence.