SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

1995 Supreme(Ori) 124

ARIJIT PASAYAT
P. SIMANCHAL PATRA – Appellant
Versus
STATE – Respondent


Advocates Appeared:
H.S.Mishra, N.Prusty

A. PASAYAT, J.

( 1 ) IN this appeal judgment of conviction and sentence passed by the learned Second Additional Sessions Judge, Ganjam, Berhampur in Sessions Case No. 26 of 1993 is under challenge.

( 2 ) P. Simanchal Patra (hereinafter referred to as the accused) faced trial on the accusations of having committed an offence punishable under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, the Act) for being in possession of 1 Kg 400 grams of Opium poppy capsules without any authority, in contravention of section 8 of the Act. The accused pleaded innocence.

( 3 ) PLACING reliance on the evidence of four witnesses examined to further the prosecution case, and the documents brought on record, the accused was found guilty, convicted and sentenced to rigorous imprisonment for ten years and to pay a fine of Rs. 1,00,000. 00 with a default stipulation of two years rigorous imprisonment.

( 4 ) IN support of the appeal, Mr. H. S. Misra, learned counsel urged that there was non-compliance of the mandatory requirements of sections 42 and 50 of the Act. So far as section 42 is concerned, it is stated that the requisite recording of reasons was not done. So f






Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top