MANOJ KUMAR PANIGRAHI Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellant Manoj Kumar Panigrahi faced trial in the Court of learned Sessions Judge -cum- Special Judge, Ganjam, Berhampur in 2(a) C.C. No.01 of 2011 (N) (T.R. No. 02 of 2011) for the 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 29.01.2011 at about 11.00 a.m. at the first gate of Berhampur Town, he was found in illegal and unauthorized possession of forty six kilograms of contraband ganja (cannabis) in two gunny bags.

(2.) The prosecution case, in short, is that on 29.01.2011 at about 10.30 a.m. Sri Sibaprasad Gantayat (P.W.3), the Inspector of Excise, E.I. & E.B., Berhampur received information from reliable sources that on the same day some unknown persons were likely to transport contraband ganja (cannabis) from Digapahandi to Berhampur Town. On receipt of such information, P.W.3 intimated the said fact to his higher authority, i.e. the Deputy Commissioner of Excise, Berhampur and as per the direction of his authority; he proceeded to the first gate area of Berhampur Town along with his staff for performing patrolling duty. While he was performing patrolling duty at the first gate, he noticed the appellant standing there with two gunny bags. On suspicion, he detained the appellant and disclosed his identity to him in presence of the witnesses and enquired about the contents of the gunny bags. Since the appellant remained silent, P.W.3 suspected that the gunny bags might be containing contraband articles. He offered an option in writing to the appellant as to whether he wanted to be searched before an Executive Magistrate or a Gazetted Officer, in response to which the appellant also submitted in writing that he had no objection to be searched by P.W.3. Accordingly, after observing all formalities of search, in presence of the witnesses, P.W.3 searched the appellant and the two gunny bags and recovered contraband ganja (cannabis) inside the gunny bags. P.W.3 burnt some portion of ganja, rubbed it in his palm and by virtue of his twenty four years of service experience, he became confirmed the articles to be ganja. On weighment, one jerry gunny bag was found to be containing twenty four kilograms of ganja and the other gunny bag was found to be containing twenty two kilograms of contraband ganja, in total, it came to be forty six kilograms of ganja. P.W.3 seized the ganja contained in two gunny bags at the spot, sealed the gunny bags using his personal brass seal. After sealing, the brass seal was given in the zima of P.W.2 Janardan Mangaraj, the Excise Constable who had accompanied him under zimanama with a direction to produce the same in the Court as and when required. P.W.3 prepared the seizure list, read over and explained the contents of the seizure list to the appellant and the witnesses, made over a copy of the seizure list to the appellant and obtained his signature on the reverse of the seizure list in token of receipt of the copy. P.W.3 arrested the appellant on the spot informing him the grounds of arrest and produced him along with the seized articles, original seizure list and other connected papers before the Court of learned Special Judge, Berhampur with a prayer to draw the sample from the seized ganja for sending it for chemical analysis. The appellant was remanded to the jail custody. As per the direction of the learned Special Judge, P.W.3 produced the seized contraband ganja in two gunny bags before the learned S.D.J.M., Berhampur, who drew the sample from each of the gunny bags and sealed the sample packets Ext.A and Ext.B under his personal seal. Duplicate sample ganja packets marked Ext.A/1 and Ext.B/1 was also collected. The gunny bags containing the rest of the seized ganja were re-sealed under the personal seal of the Court. The broken seal of P.W.3 was kept in a separate packet and sealed under the personal seal of the Court. The sealed sample packets Ext.A and Ext.B along with copy of forwarding report were kept in another packet and sealed under the personal seal of the Court and it was handed over to the Excise Constable for taking it to the Assistant Chemical Examiner, Divisional Excise Chemical Testing Laboratory, Berhampur at Chatrapur. According to the prosecution, the broken personal seal of the Excise Inspector and duplicate sample ganja packets marked Ext.A/1 and Ext.B/1 and the rest of the seized ganja in gunny bags were deposited in the Court Malkhana vide CMR No. 3 of 2011 dated 29.01.2011. On completion of investigation, P.W.3 submitted the prosecution report against the appellant.

(3.) The appellant was charged under section 20(b)(ii)(C) of the N.D.P.S. Act to which he pleaded not guilty and claimed to be tried.