SUSANTA KUMAR MOHARANA Vs. STATE OF ORISSA

JUDGEMENT

(1.) This application is directed against the order dated 9.6.2004 passed by the learned Special Judge-cum-A.D.J., Paralakhemundi (Gajapati) in G.R.Case No.221 of 2002/ T.R.No.7 of 2002 arising out of Mohana P.S.Case No.28 of 2002 under Section 20 of the N.D.P.S. Act wherein in exercise of the power under Section 311 of the Code of Criminal Procedure, he has called upon the I.O. (P.W.7) for re-examination and directed the Special Public Prosecutor to furnish the names of the witnesses and the description of the documents, which the prosecution wants to examine/ prove for speedy trial.

(2.) The prosecution case, in brief, is that on 4.6.2002 the A.S.I. of Mohana P.S., who was on evening patrol duty, found three cement gunny bags lying in the rest-shed of Mohana Bus stoppage near T.R.W. hostel. He detained the petitioner, who was waiting for the Bus to way home and two others, who were standing there. It is further alleged that some other persons, who were standing there fled away seeing the police. The A.S.I. sent information to the Police Station. The O.I.C. and B.D.O. (P.W.5) arrived there and found three bags to have contained Canabis (Ganja) and the said articles were seized and on personal search, nothing was found from the petitioner. However, the petitioner was arrested and sent for trial.

(3.) The prosecution examined seven witnesses, whereas the petitioner examined himself under Section 315, Cr.P.C. In the said statement, the petitioner has explained the circumstances under which he was in Mohana Bus stand situated at Mohana Bazar area and stated that at the relevant time he had gone to Mohana in connection with marriage negotiation and was waiting for the bus to come back home.