TUKUNA ALIAS BICHITRA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE appellant has been convicted under Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the NDPS Act') and sentenced to undergo rigorous imprisonment for 10 years and to pay fine of Rs. 1,00,000/ -, in default to undergo R.I. for one year. Challenging the said order of conviction and sentence, he has preferred this appeal. Facts of the case, bereft of unnecessary details is that one Satyanarayan Behera, Inspector -In -Charge, Chauliaganj Police Station, on 1 -12 -2006 at 11.30 a.m., received information that the accused was proceeding on a scooter to his house located at Nehrupali from Nuabazar side carrying ganja and that he has kept ganja in his house. He having made station diary to that effect, informed S.P. and D.S.P. Cuttack, his superior officers over telephone and sent the extract of the station diary to them. On direction, one Bikram Keshari Jena, S.I. of Police attached to the said Police Station went to Netaji field, Potapokhari, Nuabazar along with Maheswar Pani, A.S.I. of Police, Mahendra Kumar Mallick, Police Constable and police staff to ascertain about the truthfulness of the information, which was received.

(2.) THE police team reached to the Netaji field at about 11.40 a.m. and found the accused proceeding towards Nehrupali from Nuabazar on a scooter bearing registration No. OSC -1084, carrying jute bag and plastic air bag. S.I. Jena detained and informed the accused in presence of the independent witnesses that he was suspected of carrying ganja and keeping ganja in his house after disclosing his identity before him. The accused being appraised of his right of being searched in presence of a Gazetted Officer or an Executive Magistrate, gave his option in writing to be searched in presence of a Gazetted Officer. Accordingly, S.I. Jena gave requisition to S.P., Cuttack to depute a Gazetted Officer to remain present during search and seizure of the contraband articles. One Keshab Mohanty, on being called through Police Havildar, B.R. Singh, came to the spot with weighing scale and unit. Kumarmanik Meher, D.S.P., Cuttack reached at the spot at 1.10 p.m. and the accused expressed willingness to be searched in presence of D.S.P., Cuttack. The raiding party and independent witnesses allowed the accused to search in person but no contraband article was recovered from his possession. Thereafter, jute bag containing ganja on weighment came to 14 kgs. 200 gms. and net ganja came to 13 kgs 700 gms. Similarly, the air bag containing ganja on weighment came to 6 kgs. 200 gms. and net ganja came to 5 kgs. 900 gms. Two samples of 25 grams each were drawn from each of the containers and kept in polythene packets, which were sealed using brass seal. The S.I. Jena and D.S.P., Cuttack and the accused put their signatures on it and the sealed sample packets were marked for identification. The residue ganja was sealed in the same manner and those were marked as 'A' and 'B' respectively. Thereafter, the articles were seized and a seizure list was prepared and copy of the same was furnished to the accused.

(3.) THE accused in course of trial took the plea that nothing was recovered from his possession and that the scooter or the house did not belong to him. Nine witnesses were examined on behalf of the prosecution. None were examined on behalf of the defence. However, two exhibits were led into evidence on behalf of defence.