NANDAN KUMAR MAHANTA Vs. STATE OF ODISHA
LAWS(ORI)-2020-3-7
HIGH COURT OF ORISSA
Decided on March 12,2020

Nandan Kumar Mahanta Appellant
VERSUS
STATE OF ODISHA Respondents

JUDGEMENT

B.P.ROUTRAY,J. - (1.) The judgment of conviction dated 05.07.2017 sentencing the appellant for 10 years of rigorous imprisonment and fine of Rs.1,00,000/- for commission of offence under Sec.20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, 'NDPS Act') by the 3rd Additional Sessions Judge, Cuttack in 2(a) CC Case No.15 of 2014 has been assailed in the present appeal by the appellant, who is the sole accused in the case.
(2.) The prosecution case in brief is that, on 03.11.2014 at about 7.45 A.M. while P.W.3, the Inspector of Excise, Cuttack was performing patrolling duty along with her staff saw the accused sitting over two loaded jerry bastas near Trinath Temple in front of Gate No.2 of Cuttack Railway Station. When the appellant was trying to flee away, P.W.3 along with P.W.1- the A.S.I. of Excise reached at him and detained him on suspicion that he has kept contraband articles inside those jerry bastas. Accordingly completing all formalities of search, she seized 30 kgs of contraband ganja, i.e., 15 kgs each from two jerry bastas which were in possession of the appellant. He was then arrested and forwarded to the court by P.W.3 and she herself took up the investigation. On completion of investigation, P.W.3 submitted the final PR on 01.05.2015 and trial commenced thereafter.
(3.) The appellant on the other hand took the plea of complete denial and false accusation.;


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