SUNIL KUMAR NAIK Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellant by filing this appeal has assailed the judgment of conviction and order of sentence passed by the learned Addl. Dist & Sessions Judge-cum-Judge, Special Court, Deogarh in T.R. Case No. 3 of 2009, arising out of 2(a)C.C. Case No. 110 of 2009 on the file of learned S.D.J.M., Deogarh. By the said judgment, the appellant has been found guilty for commission of offence under section 20(b)(ii)(C) of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, called 'the NDPS Act') and ordered to undergo rigorous imprisonment for a period of ten years and pay a fine of Rs.1.00 lakh in default to undergo rigorous imprisonment for six months.

(2.) The prosecution case in brief is that on 19.12.2009 at about 7 A.M., the S.I. of Excise (P.W.3) along with his staff including the constable (P.W.1) had gone towards village Tutabari within the jurisdiction of Kundheigola Police Station and were performing petrol duty in the area. During said performance of patrolling duty, information was received from reliable source that the appellant (accused) was transporting ganja in four gunny bags. So they all proceeded to the side of the road near Tutabari U.P. School. It is said that the accused then was found sitting over four gunny bags. On suspicion that the bags were containing ganja, the S.I. of Excise (P.W.3) searched those gunny bags in presence of witnesses. It was then confirmed that the bags were containing ganja. The contents of the bags being weighed and it came to 99.40 kgs P.W. 3 then seized those ganja with the bags at the spot in presence of the witnesses, arrested the accused and observing all other formalities brought those seized items as also the accused to Deogarh and ultimately produced those before the court. On completion of investigation, final P.R. being submitted by the S.I. of Excise (P.W.3), the accused faced the trial. In the trial, the accused took the plea of complete denial and false implication. From the side of the prosecution, in total three witnesses have been examined. P.W. 1 is the Excise Constable who had accompanied P.W. 3, the leader of the patrolling party who was then the S.I. of Excise, Deogarh. P.W. 2 has been examined as the independent witness to the search, recovery and seizure. The S.I. of Excise who was heading the patrolling party has come to the dock as P.W. 3. The prosecution besides leading the oral evidence by examining the above witnesses, has proved certain documents, more particularly, the seizure list Ext. 1, the written consent of the accused Ext. 6, spot map Ext. 7 and chemical examination report Ext.8.

(3.) The trial court on analysis of evidence of the prosecution witnesses and keeping in view the contemporaneous documents prepared in course of investigation as proved in the trial has held that the prosecution has established its case beyond reasonable doubt that on the relevant date, time and place, the accused was found to be in possession of 99.40 kgs. of ganja kept in four gunny bags. Accordingly, he has been found guilty for commission of offence under section 20 (b)(ii)(C) of the NDPS Act and sentenced as aforestated.