SUDHAKAR NAYAK Vs. STATEV OF ORISSA

JUDGEMENT

(1.) The two appellants having been convicted by the learned Special Judge-cum-2nd Additional Sessions Judge, Berhampur under Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as the 'N. D. P. S. Act') and directed to undergo rigorous imprisonment for ten years and to pay fine of Rs. 1,00,000/- each in default to further ungergo rigorous imprisonment for two years in 2(a) C.C. Case No. 4 of 2003 (N) have preferred this appeal.

(2.) The case of the prosecution is that on 9-3-2003 at about 8 a. m. the Sub-Inspector of Excise (E. I. & E. B.) Berhampur (P.W.4) found both the appellants coming from old bus stand proceeding towards Khallikote College via the Telephone Bhawan carrying one fertilizer bag and a V. I. P. Attach . The S. I. of Excise (E. I. & E. B.) Berhampur Sri Prafulla Kumar Patnaik (P.W.4) and his staff who were patrolling in the said area suspecting the movement of the appellants detained them by disclosing their identity. P. W. 4 expressed his desire to take search of the appellants and their belongings as the appellants to his querry disclosed that they were carrying 'Ganja' in the fertilizer bag as well as the V. I. P. Attache. P. W. 4 gave his personal search to the appellants and when took search of the fertilizer bag found the same to have contained 'Ganja'. Similarly, Ganja was also detected in the V. I. P. suitcase when the same was opened after appellant Sudhakar Nayak handed over the key of the said V. I.P. suitcase to P. W. 4. On taking weighment of the Ganja which were there in the V. I. P. suitcase it-weighed 11 Kilogram and 500 grams and the Ganja which were therein the fertilizer bag on weighment became 9 Kilogram and 800 grams. Since the appellants could not produce any authority in support of such possession of the contraband articles which they were carrying, those were seized at the spot and the fertilizer bag containing Ganja as well as the V. I. P. suitcase were also sealed with paper seal after obtaining the signatures of the witnesses and the appellants thereon. The contraband articles as well as the V. I. P. suitcase and the fertilizer bag were also sealed with the personal brass seal of P. W. 4, which was handed over to P. W. 2 after the sealing was completed. The two appellants along with the seized the contra excise articles were produced before learned Special Judge, Berhampur on 9-3-2003 and as per the direction of the learned Special Judge, Berhampur, the S. D. J. M., Berhampur collected samples from the seized contraband articles and the samples were sent for chemical examination in course of the investigation by P. W. 4. After completion of investigation, P. R. was submitted against the two appellants under Section 20(b)(II)(C) of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as the "N. D. P. S. Act") to stand their trial.

(3.) The plea of the two appellants was that of complete denial of seizure of any Ganja from their possession and it is their further plea that they had come to Berhampur from their village in a bus and were caught by excise police along with four others at 'Puruna' bus stand (Old Bus Stand). It is also their further plea that they had singed on different papers being directed by the excise officers and the four persons who were also caught along with them were let off by the excise staff.