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2000 Supreme(Ori) 368

P.K.PATRA
KEDARNATH MALLIK ALIAS KEDAR MALLIK – Appellant
Versus
STATE – Respondent


Advocates Appeared:
B.N.RATH, J.K.Behera, M.K.PANDA, P.PANDEY, R.N.MOHANTY, S.PRADHAN

P. K. PATRA, J.

( 1 ) THE appellant has challenged the judgment dated 25-7-1998 passed by Shri A. P. Das, Second Additional Sessions Judge, Cuttack in G. R. Case No. 331 of 1997 (T. R. No. 18 of 1997) convicting him under S. 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the Act') and sentencing him to undergo rigorous imprisonment for ten years and to pay a fine of Rs. 1,00,000/- and in default to undergo rigorous imprisonment for a further period of five years.

( 2 ) BRIEFLY stated, the prosecution case is as follows :on 19-3-1997 P. W. 2, the Inspector of C. I. D. , Crime Branch, Cuttack received reliable information regarding illegal transaction of narcotic drugs at Gopalpur under Cuttack Sadar Police Station and hence he organised raid in the Gopalpur Commercial Checkgate area and nearby residential houses from 12-30 p. m. to 3-30 p. m. on the same day. The raiding party consisted of P. W. 2 himself, one S. I. , three constables and two women constables of the Department and one A. S. I. of the Cuttack Sadar P. S. During the course of such raid they found the appellant (hereinafter REFERRED TO as 'accused') carrying on business transaction at the C









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