SRIKANTA SAMAL Vs. STATE OF ODISHA

JUDGEMENT

(1.) The appellant Srikanta Samal faced trial in the Court of learned 1st Addl. Sessions Judge, Cuttack in G.R. Case No. 978 of 2010 (Tr. No.23 of 2010) 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 19.08.2010 at about 5.30 p.m. at Mahanadi Vihar, Cuttack, he was found in illegal and unauthorized possession of two plastic bags containing in total 55 Kgs. of contraband ganja which was of commercial quantity.

(2.) The prosecution case, as per the first information report lodged by Sri Rabinarayan Bhanja (P.W.11), S.I. of police, Mahanadi Vihar police outpost under Chauliaganj police station is that on 19.08.2010 at about 5.30 p.m. the informant received information from reliable sources that huge quantity of contraband ganja was kept inside a silver colour TATA SUMO vehicle which was parked by the side of the road in front of Plot No.1260, Shree Vihar, Mahanadi Vihar at a close distance to Reliance Fresh and that the appellant had brought the contraband ganja, kept the same in the TATA SUMO vehicle and intending to take it to Jagatsinghpur for sale and if immediate raid is not be conducted, the appellant would flee away. The informant had reason to believe that delay would facilitate the suspect to escape and so he decided to conduct raid and accordingly, he entered the fact in the outpost station diary vide Mahanadi Vihar O.P. S.D.E. no.352 dated 19.08.2010 and in the light of provision under section 42(2) of N.D.P.S. Act, he sent the letters along with the extract of the station diary entry to the IIC of Chauliaganj police station/A.C.P., Zone-I and D.C.P., Cuttack intimating them the grounds of belief through Havildar Sanantan Mallick vide Dispatch Register entry no.243. The informant along with other police staff proceeded to the spot to verify the authenticity of the information received and on the way, he picked up two independent witnesses explaining them the purpose of raid. At about 6.00 p.m., the raiding team arrived at the spot and found the Tata Sumo Vehicle bearing Regd. No. CG04-1788 was parked by the side of the road in front of Plot No.1260 and the appellant was sitting in the driver's seat and trying to start the vehicle. The informant and his staff surrounded the vehicle and directed the appellant to come out of the vehicle. The informant gave his identity to the appellant and also asked the appellant about his identity who disclosed the same. When the informant told the appellant that he had information that contraband ganja had been kept inside the TATA SUMO vehicle and that the appellant was dealing with contraband ganja, the appellant became nervous. Seeing the gesture and posture of the appellant, the informant's suspiciousness got confirmed and he disclosed his intention before the appellant to take his personal search as well as the search of TATA SUMO. When the informant intimated the appellant verbally as well as in writing to exercise his option as to whether he wanted to be searched before an Executive Magistrate or a Gazetted Officer, the appellant intimated the informant to be searched in the presence of any Gazetted Officer which was obtained in writing. The informant issued requisition to A.C.P., Zone-I, Cuttack with a request to remain present during search and accordingly, at about 7.00 p.m. Sri Nimai Charan Sethy (P.W.8), OPS, Asst. Commissioner of Police, Zone-I reached at the spot in his vehicle and the informant disclosed his information before the ACP and he was also introduced to the appellant. Before conducting the search, the informant, the ACP and other witnesses gave their personal search to the appellant but no incriminating articles were found from their possession. Then the personal search of the appellant was taken in the presence of the witnesses and nothing incriminating was found from his personal possession. However, during search of the vehicle, two plastic bags were found on the rear seat. The driving licence of the appellant was also recovered from the vehicle. The plastic bags were opened and it was found to be containing contraband ganja. The appellant failed to produce any authority in support of possessing the contraband ganja. A weighman namely Mahesh Sahu (P.W.1) was called to the spot who came with weighing machine and as per the instruction from the informant, the ganja was weighed by the weighman and in one bag, it was found to be 25 Kgs. and another bag was found to be containing 30 kgs. of ganja. The first bag having 25 Kgs. ganja was marked as Ext.A and the second bag having 30 Kgs. ganja was marked as Ext.B. Those two bags were sealed using the personal brass seal impression of the informant who also seized TATA SUMO vehicle and the driving licence of the appellant and prepared seizure list wherein he himself, ACP, Zone-I and the weighman signed on it. The informant put his personal brass seal impression on the seizure list putting wax. A copy of the seizure list was handed over to the appellant and his acknowledgement was obtained on the body of the seizure list. The weighing machine was seized and it was given in the zima of the weighman. A copy of the seizure list was handed over to the appellant and his acknowledgment was taken on it. The weighing instrument was given in the zima of P.W.1. The informant took his personal brass seal impression on a sheet of paper and the witnesses, weighman and ACP, Zone-I signed on it. The personal brass seal of the informant was handed over to Nihar Ranjan Das (P.W.3) by executing zimanama with a request to produce the same in the Court of law during trial and to keep it in safe custody till that date. The appellant was arrested after intimating him the grounds of arrest and arrest memo was prepared and the plain paper F.I.R. was drawn and the seized articles were produced before the IIC, Chauliaganj police station.

(3.) On the basis of the written report of P.W.11, Chauliaganj P.S. Case No.110 dated 19.08.2010 was registered under section 20(b)(ii)(C) of the N.D.P.S. Act against the appellant by the Inspector in charge who directed Debi Prasad Patra (P.W.13), S.I. of Police, Chauliaganj Police Station to take up investigation of the case.