BANU ALIAS BANAMALI BEHERA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellant challenges the judgment dated 10.08.2006 passed by the learned Sessions Judge-cum-Special Judge, Cuttack in G.R. Case No. 1285 of 2002 whereby the appellant has been convicted under Section 21(c) of the Narcotic Drugs and Psychotropic Substances Act (in short 'the NDPS Act') and sentenced to undergo R.I. for a period of ten years and fine of Rs. 1,00,000/-, in default, to undergo R.I. for further period of three years. The prosecution case in a nutshell is as follows:

(2.) The plea of the accused was complete denial of the allegations. It was also his plea that nothing was seized from his possession and that the cowshed in question does not belong to him.

(3.) In order to prove its case, the prosecution examined 11 witnesses in all, P.W. 1 to 4, who are said to be independent witnesses have not supported the prosecution case. P.Ws. 5, 6 and 7 are the police officers, who were members of the raiding party. P.W. 8 is the Scientific Officer, who drew samples at the spot. R.W. 9 is the Officer-in-charge of the Police Station and the informant. P.W. 10 is the Executive Magistrate and P.W. 11 is the investigating Officer.