HERASHA MAJHI Vs. STATE OF ODISHA

JUDGEMENT

(1.) The appellants Herasha Majhi @ Hiresa Majhi and Jejanga Majhi faced trial in the Court of learned Sessions Judge -cum- Special Judge, Rayagada in C.T. Case No. 08 of 2011 for offence punishable under section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereafter 'N.D.P.S. Act') on the accusation that on 06.02.2011 at about 5.00 a.m. in front of Kenduguda outpost under Padmapur police station in the district of Rayagada, they were found in possession of contraband ganja weighing 10 kgs. 640 grams and 13 kgs. 860 grams in two bags for selling purpose at Berhampur.

(2.) The prosecution case, as per the first information report lodged by Alekha Chandra Dalei (P.W.2), S.I. of Police, Kenduguda outpost, in short, is that on 05.02.2011 at about 9.00 p.m. some of the police officials of Kenduguda police outpost and CRPF personnel were performing blocking and area domination duty in front of Kenduguda outpost road. At about 5.00 a.m. on 06.02.2011, they found two persons coming from Sardhapur side in a Hero Honda Splendor motorcycle bearing registration no.OR-07-F-3000. The informant and his team stopped the motorcycle and found the pillion rider was carrying a jerry bag and another jerry bag was loaded on the carrier of the motorcycle and acute smell of ganja was coming from both the jerry bags. The informant suspected that the jerry bags might be containing ganja. On being confronted by the informant, the rider of the motorcycle identified himself as Herasha Majhi (appellant no.1) and the pillion rider identified himself as Jejanga Majhi (appellant no.2). Both the appellants confessed that they were transporting ganja for sale at Berhampur. After giving his identity, the informant offered the appellants with the option of being searched by a Gazetted Officer or in presence of an Executive Magistrate. The appellants opted in writing that they wanted to be searched in presence of an Executive Magistrate. The informant sent intimation about the detention of the appellants with jerry bags to his official superior over phone and also sent requisition of the Sub-Collector, Gunupur for deputation of an Executive Magistrate to remain present at the spot during search and seizure and the appellants were detained. Khirabdhi Behera (P.W.12), Tahasildar, Padmapur arrived at the spot on 06.02.2011 at about 01.00 p.m. as per the order of A.D.M., Rayagada and after giving his personal search before the appellants as well as taking the personal search of other witnesses, in their presence, the appellants were searched and the contraband ganja found in the two bags were weighed by weighman Jitendra Mohapatra (P.W.7) and net quantity of ganja found in one bag was 10 kgs. 640 grams and in the other bag, it was 13 kgs. 860 grams and accordingly, a weighment chart was prepared. From each of the bag, sample ganja of 50 gms. in duplicate was collected in two packets after homogenous mixture separately. The sample packets collected from the jerry bag containing 10 kgs. 640 grams were marked as A-1 and A-2 and the sample packets collected from the jerry bag containing 13 kgs. 860 grams were marked as B-1 and B-2 respectively. The sample packets so collected were sealed with wax and personal seal impression of the informant was put on it and similarly the bulk quantity of ganja found in the jerry bags after collection of samples were also sealed and a seizure list was prepared in presence of the witnesses, P.W.12 and the weighman. The informant seized the weighing machine in presence of the witnesses as per seizure list and left it in the zima of the weighman (P.W.7). The brass seal which was used for sealing and packing of the ganja packets was also left in the zima of P.W.7 under proper zimanama. The informant found prima facie case under section 20(b)(ii)(C) of the N.D.P.S. Act against the appellants for illegal possession and transportation of commercial quantity of ganja in a motorcycle and accordingly, prepared the written report and sent the report to the Inspector in charge of Padmapur police station for registration of the case through a constable.

(3.) The Inspector in-charge of Padmapur police station namely, Smt. Jyotsnna Kaunri (P.W.13) on receipt of the written report through constable, registered Padmapur P.S. Case No. 08 of 2011 against the appellants under section 20(b)(ii)(C) of the N.D.P.S. Act and took up investigation.