GIRISH KARNA Vs. STATE OF ORISSA

JUDGEMENT

(1.) This appeal has been filed assailing the judgment of conviction and order of sentence dated 3.4.1993 passed by the learned Sessions Judge, Balangir in Sessions Case No.13 of 1993. By the said judgment, the appellant (accused) has been convicted for commission of offence under section 20(b)(i) of the Narcotic Drugs And Psychotropic Substances, Act, 1985 (in short, 'the Act') and order has been passed directing him to undergo rigorous imprisonment for a period of one year.

(2.) Prosecution case, in short, is that on 11/12.9.1992 night around 3.30 am, when the police personnel attached to Balangir Town P.S. were performing patrolling duty near the Government bus stand, they saw the accused carrying a bag on his hand. At the sight of police, he was started moving at a faster pace. So, suspicion arose in the mind of the police personnels. The A.S.I. of Police (P.W.1), who was heading the patrolling party, detained the accused and checked his bag. On verification, ganja of 1 kg was found to have been kept in the said bag held by the accused. So, case was registered and investigation commenced. On completion of investigation, charge sheet having been filed, the accused faced the trial.

(3.) The defence case is that the accused was sleeping in the bus stand premises when police people took him to the police station and roped in the case without any justification.