CUTTACK, India, Feb. 10 -- Orissa High Court issued the following order on Jan. 9:
1. Since all these three appeals arise out of a common judgment passed by the learned First Additional Sessions Judge, Rourkela in Special G.R. Case No.6 of 2019, all the appeals were heard analogously and disposed of by the present common order.
2. Learned Special Judge vide the impugned judgment dt.16.08.2021 convicted all the three appellants for the offence under Section 20(b)(ii) (C) of the NDPS Act and Section 29 of the Act. While convicting the appellants for the aforesaid offences, they were sentenced to undergo R.I for a period of 10 (ten) years and to pay a fine of Rs.1, 00,000/- (Rupees One lakh only) each for the offence under Section 20(b)(ii)(C) of the NDPS Act and in default, each of them to undergo R.I for another 2(two) years.
3. The case of the prosecution is that on 12.11.2019 at about 7:15 PM, the informant Uday Kumar Sahu, SI of Police, presented a written report stating therein that on the same day the IIC, R.N Palli PS received an information from reliable source that contraband ganja is being transported from Kandhamal to Rourkela in a silver colour Indigo ECS vehicle bearing OR -03 registration number. The IIC entered the said fact in SDE No. 10 and thereafter he along with ASI PK Jena, Havildar AP Samal, Constable UK Swain, Constable P.B. Chardia and constable UC Pradhan were directed vide GD Entry No. 12 and command certificate no. 393 dated 12.11.2019 to proceed to Panposh Chowk on NH 143 for conducting MV checking to verify the veracity of the information. Accordingly, he along with other staffs and independent witnesses namely Asish Jaiswal and Shankar Shaw proceeded to Panposh Chowk in official jeep driven by Assistant Driver Sribasta Behera. At Panposh Chowk they performed MV checking with an intention to track the suspected Indigo ECS. At about 3.15 PM, they could detect an Indigo car bearing Regd No. OR-03G 5622 coming from Sundargarh side. It was signaled to stop, but without stopping the said vehicle proceeded towards Jalda side. Accordingly, the vehicle was chased and could be detained at about 3:30 PM at Ruptola Chowk in presence of independent witnesses. It was noticed that inside the vehicle three persons were present. On being asked, they disclosed their names to be Manas Ranjan Tripathy, Ayub Sahu and Pradeep Mohanty. They all admitted to have been transporting ganja. Further, Ayub Sahu disclosed that they have been supplying ganja to Bapi Parida, Ashok Swain and Amulya Kumar Rout and also to some other persons.
*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=QnBUxJ6a3gIx%2B5SFrUiAoAD%2FnttKrW9Og2D1M4yWBE4scwY3XBvjef65sRJA4z9Y&caseno=CRLA/471/2021&cCode=1&cino=ODHC010608282021&state_code=11&appFlag=)
Disclaimer: Curated by HT Syndication.
