KESHABA MAJHI Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE appellant has challenged the judgment dated 30 11 1998 passed by Shti H. C. Mohapatra, Additional Sessions Judge, Koraput, Jeypore; in T. R. No. 41 of 1997 convicting him under section 20(a) of the Narcotic Drugs and Psychorropic Substances Act, 1985 (hereinafter referred to as 'the Act') and sentencing him to undergo rigorous imprisonment for two years aud to pay of fine of Rs. 3.000.00, in default to undergo rigorous imprisonment for a further period of three months.

(2.) PROSECUTION case runs as follows :

(3.) IN order to bring home the charge against the appellant, prosecution has examined four witnesses, of whom p. ws. 1 and 2 are two independent witnesses to the seizure who have not supported the prosecution case, p. w. 4 is the S. I. of Excise who detected the case and p. w. 3 is the Excise Constable who accompanied p. w. 4 during detection. Defence has examined none.