SOHAN RAY @ RAI Vs. STATE OF ORISSA
HIGH COURT OF ORISSA
Sohan Ray @ Rai
STATE OF ORISSA
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(1.) The aforementioned appeals arisen out of the common judgment dated 05.12.2015 have been heard analogously and are being disposed of by this common judgment.
(2.) The aforesaid appeals are directed against the judgment dated 05.12.2015 passed by learned 1st Additional Sessions Judge, Sambalpur in T.R. Case No.16/1 of 2014-15 whereby the appellants herein have been convicted for the offences punishable under Section 20(b) (ii) (c) of the N.D.P.S. Act and have been sentenced to undergo R.I for ten years and fine of Rs.50,000/- each in default of fine, the convicts shall undergo further period of R.I. for one year each.
(3.) The prosecution case, as has been projected on the basis of F.I.R in nutshell is that on 08.08.2014 while Sri B.B. Nayak and other P.S. staff of Rairakhol Police Station, during patrolling duty in Rairakhol Town with P.S. staff saw one Ambassador Car crossed police vehicle in a high speed with suspicious manner. So he chased the car and detained near Bobby filling service station Rairkhol and detected the registration number of the car UP-62-6813 and three persons were in exclusive and conscious position of contraband Ganja in three Polly bags. The P.S.'s staff arranged the local witnesses, weigh man and other documents for seizure. Since it was chance detection other formalities could not be observed. He seized the Ganja car and other belonging of the accused persons observing the formalities as laid down in NDPS Act. Being interrogated the accused persons confessed before witnesses about transportation of Ganja to Banaras for commercial purpose which was procured by one Suryaprakash from Boudh side. Accordingly, he submitted written report before the Rairakhol Police Station and directed S.I. Sushma Kuanr to take up investigation of the case. During investigation, the I.O. visited spot, examined witnesses, submitted detail report to the Superintendent of Police, Sambalpur. After investigation charge-sheet was submitted against the appellants keeping open the investigation against the other accused-Surya Prakash.;
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