CUTTACK, India, May 1 -- Orissa High Court issued the following order on March 31:

1. The appellant in the present appeal challenges the judgment, order of conviction and sentence dated 24.05.2024 passed by the learned 3 rdAdditional Sessions Judge-cum-Special Judge (N.D.P.S.), Berhampur, Ganjam in Case No. 2(a) C.C. 29 of 2023 (N), whereby the appellant has been convicted under Section 20(b)(ii)(C) of the N.D.P.S. Act and sentenced to undergo rigorous imprisonment for a period of 10 (ten) years and to pay a fine of Rs.1,00,000/- (Rupees One Lakh), and in default of payment of fine, to further undergo rigorous imprisonment for a period of 1 (one) year.

I. FACTUAL MATRIX:

2. The case of the prosecution, in brief, is that on 05.02.2023 at about 6:00 A.M., upon receiving information, the Inspector of Excise, Geetanjali Sahoo of EI & EE, Unit-II (SD), Berhampur, along with her staff, while on patrolling duty at First Gate, Berhampur, noticed a truck coming from the Digapahandi side towards Berhampur at a high speed.

3. On suspicion, the vehicle was signalled to stop. However, the driver halted the vehicle at a distance of about 50 meters and attempted to flee, but was apprehended. On being questioned, he disclosed that ganjabastas were kept in the rear portion of the truck and revealed his identity as Mohd. Rizwan. Thereafter, one passerby, namely Sunil Sethy, agreed to act as a witness. The Inspector intimated the matter to her superior authority over the phone and, upon compliance with the formalities under Section 42 of the NDPS Act, conducted search of the vehicle and recovered six jaribastas emitting smell of ganja.

4. Upon opening the bastas and conducting smell and burning testsand on the basis of colour and smell, the contents were found to be cannabis (ganja). Each jaribasta was found to contain 40 kgs of ganja, totalling 240 kgs (net), excluding the weight of the bastas. The seized ganja was sealed with the brass seal bearing her signature and the signatures of the witnesses. The brass seal was handed over in zima of Excise Constable Basanta Kumar Barik.

5. The ganjabastas, the truck, one photocopy of the Aadhaar card and the registration certificate were seized and a seizure list was prepared. The contents of the seizure list were explained to the accused in Hindi, and he admitted his guilt. Thereafter, the accused was arrested at the spot and his family members were informed.

6. The accused was medically examined at City Hospital, Berhampur and produced before the Special Court, Berhampur. As per the orders of the Court, samples were drawn and sent for chemical examination. The chemical examiner's report confirmed the seized substance to be ganja. Thereafter, upon completion of investigation, the prosecution report was submitted under Section 20(b)(ii)(C) of the NDPS Act.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=bzPoyUlszYLCUcCpirIpqP0C9EoJYAaagv1DjHpB0fGue6Btfo0ujFxTkoJxk%2FcK&caseno=CRLA/613/2024&cCode=1&cino=ODHC010447832024&state_code=11&appFlag=)

Disclaimer: Curated by HT Syndication.