MUKTINATH SHARMA Vs. STATE

JUDGEMENT

(1.) - The petitioner in this revision assails the judgment and orders passed by the Courts below convicting him under Section 20(b)(1) of the Narcotic Drugs and Psychotropic Substances Act. 1985 (hereinafter called asthe N.D.P.S. Ace) and sentencing him to imprisonment for a period of six months and to pay a sum of Rs. 500/-, in default, to serve further simple imprisonment for fifteen days.

(2.) The case of the prosecution is that on 19-5-1988 at about 11.30 p.m., the petitioner was found carrying a leather suit case on Jharsuguda Railway station platform and on being searched by S.I. of Excise, Intelligence Branch, Jharsuguda it was found that the said leather bag carried by the petitioner contained 6,500 kgs of non-duty paid Ganja. On demand, it is further alleged that the petitioner could not produce any authority to possess the said quantity of Ganja and therefore, he was arrested and produced before the learned S.D.J.M., Jharsuguda along with the prosecution report and the seized article.

(3.) From the order-sheet, it appears that on 20-5-1988 the petitioner was produced before the learned S.D.J.M., Jharsuguda and since the relevant Act could not be produced before the Magistrate the petitioner was temporarily discharged and the case was again taken up on 21-5- 1988. On the said date, the petitioner was produced by the S.I., E.I.B. Excise, Jharsuguda and he submitted a confession memo before the Magistrate. The contents of the said confession memo were read over and explained to petitioner and the petitioner admitted guilt and on the basis of the same, the Magistrate convicted him under Section 20(b)(1) of the NDPS Act and sentenced him as stated above.