- (1.) The State of Orissa questions correctness of judgment of a learned single Judge of the Orissa High Court by which the respondent was acquitted of the charges under S. 20(b)(i) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the Act'). Though the trial Court found the respondent-accused guilty of offences, the High Court held that the accusation was not established and, therefore, directed acquittal.
(2.) The factual position is as under : On 13-5-1994 at about 7.00 a.m. the Excise Sub-Inspector, Mobile Squad No. 1, Cuttack (P.W. 1) while patrolling with his Assistant Sub-Inspector and Constables at Gandhi Palli area in Cuttack City noticed the accused with a full gunny bag. Being suspicious that the accused was carrying contraband articles, he searched the accused in presence of witnesses. He found that the gunny bag contained cannabis (ganja) weighing about 12 kg. 50 grams were taken as sample and was sent for chemical examination. The chemical examination report indicated that the sample was cannabis (ganja). On completion of investigation, the accused was sent up for trial which ended in conviction and sentence of 5 years R.I. and fine of Rs. 5000/- with default condition of further imprisonment for six months. The accused denied the charges. In order to bring home the accusations, the prosecution examined three witnesses; P.W. 1, the Excise Sub-Inspector, Mobile Squad No. 1, Cuttack, P.W. 2 was a witness to the seizure and P.W. 3 the ASI who accompanied P.W. 1 on patrol duty.
(3.) P.W. 2 pleaded ignorance about the contents of the seizure memo though he admitted his signature. Considering the evidence on record, the trial Court held the guilty and sentence was imposed.;