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1996 Supreme(Ori) 15

R.K.DASH
NIRMAL CHANDRA SAHOO – Appellant
Versus
STATE OF ORISSA – Respondent


Advocates Appeared:
A.K.SAHU, B.N.RATH, Jairaj Behera, M.K.PANDA, P.PANDA, R.N.MOHANTY

R. K. DASH, J.

( 1 ) THIS petition being one under Section 482, Cr. P. C. is directed against the order of the learned additional Sessions Judge, Bhubaneswar in S. T. No. 22/445 of 1994, whereby he declined to discharge the petitioner from the offence under Section 20 (b) of the Narcotic Drugs and Psychotropic Substance Act, 1985, (for short, 'the Act' ).

( 2 ) THE petitioner, it is alleged, was having 12 K. gs. of 'ganja' and 125 grams of opium in his house which the police seized in presence of the witnesses, drew samples therefrom and sent for Chemical examination. Upon examination the analyst reported that one of the sample packets contained partly powdered cannabis leaves (Bhang) with seeds and as regards the other sample packet, he could not find any opium therein. On charge-sheet being submitted, the learned Additional Sessions Judge, framed charge under Section 20 (b) of the Act and feeling aggrieved thereby, the petitioner moved this Court in Criminal Misc. Case No. 1018 of 1995. He also filed another petition wide Criminal Misc. Case No. 2501 of 1994, challenging the order of taking cognizance of the offence as aforesaid. Upon hearing the parties, both the Criminal Misc



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