- (1.)This appeal arising out of the judgment of the Orissa High Court relates to the conviction and sentence passed by the learned second additional sessions judge, Ganjam, berhampur in sessions case no. 26 of 1993.
(2.)The contextual facts denotes that one p. Simanchal Patra faced trial on the accusation of committing an offence punishable under section 15 of the Narcotic Drugs and psychotropic Substances Act, 1985, for being in possession of 1 kg. 400 gms. of opium poppy capsules without any authority and in contravention of section 8 of the Act.
(3.)The learned trial judge, as it appears from the records, came to a conclusion in support of the prosecution and sentenced the respondent herein to ten years rigorous imprisonment with a fine of rs. 1,00,000. 00. The matter, however, subsequently came up before the High Court wherein the High Court upon hearing the submissions made on behalf of the parties, allowed the appeal and set aside the order of conviction and sentence. Incidentally, the High Court had not discussed the evidence in detail and proceeded mainly on two counts, namely infraction of section 42 (1) and that of section 50 of the ndps Act and came to a definite conclusion that the acquisition of non-compliance of section 50 cannot be sustained. But as regards section 42 (1) , the High Court noted its noncompliance and as such, set aside the order of conviction. Hence, the state is in appeal against the said order.