MAYADHAR KABI Vs. STATE OF ODISHA

JUDGEMENT

(1.) The appellant Mayadhar Kabi faced trial in the Court of learned Additional Sessions Judge, Balasore in Special Case No. 13/36 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 05.05.2010 at about 8 a.m., he was found in unlawful possession of Ganja (cannabis) weighing 246 kg. in six plastic jerry bags in village Rampur (Sasanasahi).

(2.) The prosecution case, in short, is that on 05.05.2010 while P.W.5 Amarendra Kumar Jena, Inspector of Excise, E.I and E.B., Unit-II, Cuttack was performing patrolling duty along with his staff at Rampur chhak on Khaira Agarpada road during the evening hours, he got reliable information regarding possession of huge quantity of ganja in the house of the appellant and accordingly, after recording the statement of the informer, he sent a copy of the information to the Deputy Commissioner of Excise through Sarat Chandra Das, Excise Constable who was present at the spot and he also intimated this fact over phone and proceeded to the spot without requisition of the Executive Magistrate fearing concealment or whisking away of the contraband articles and after ascertaining the house of the appellant from villagers, he conducted search of the house of the appellant in presence of witnesses after observing necessary formalities of search and recovered six plastic jerry bags containing ganja which were found to be 246 kg. in toto. He seized the jerry bags and prepared seizure list and sealed the bags with proper seal taking signatures of the appellant and the witnesses. He affixed the personsl brass seal on each of the bag and the brass seal was handed over in the zima of Patitapaban Kar (P.W.4). The appellant was arrested and he was produced in the Court of Special Judge, Balasore with documents. On the direction of learned Special Judge, the learned S.D.J.M., Balasore collected samples from each bag and sent it to the Chemical Examiner who on examination found it to be ganja. After receipt of Chemical Examination Report and on completion of investigation, P.W.5 submitted the prosecution report.

(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.