BIJAYA KUMAR SUBUDHI Vs. STATE OF ORISSA

JUDGEMENT

(1.) Appellant having been convicted under section 21 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter referred to as N.D.P.S. Act) and sentenced to R.I. for ten years and fine of rupees one lakh, assails his conviction.

(2.) Prosecution case is, on 24.10.1989 about 5 p.m., P.W. 5 then S.I. of Excise with his other staff was on mobile duty in Pun Lown for detection of offences under the N.D.P.S. Act. On receiving reliable information that the appellant was illegally trafficking in narcotic substances, P.W. 5 and others reached near the house of the appellant in Daitapara Sahi and found the appellant on the road in front of his house. He was detained and on his personal search there was recovery 0.050 milligrams of narcotic substance kept in two paper packets, each weighing 0.025 milligrams. It is the case or the prosecution that before the search the appellant was asked of his option for being searched in presence of a Gazetted of ricer and oil his agreeing, he was searched in presence of P.W. 4, a member or the raiding party. On recovery of this quantity of brown sugar the same was scaled in presence of the appellant. He was produced before the S.D.J.M., Pun on 25.10.1989. The appellant denied the indictment.

(3.) Mr. P.K. Dhal, learned counsel for the appellant, strenuously urges referring to various mandatory provisions of the Act including sections 42, 43 and 50 to 54 that the trial court committed gross error in not taking into account the various lapses and infirmities in the prosecution case with regard to non-compliance of the mandatory provisions which vitiated the entire proceeding. Mr. S. Das, learned Additional Standing Counsel for the State, on the other hand supported the judgment of conviction.