JUDGMENT

S.K. MISHRA, J. — The appellant assails his conviction for the offence under Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985, hereinafter referred as the ‘N.D.P.S. Act’ in G.R. Case No.702 of 2001 of the Court of the Additional Sessions Judge-cum-Special Judge, Jajpur.

2.The appellant was prosecuted for having allegedly committed offence under Sections 21 and 22 of the N.D.P.S. Act on the allegation that on 04.08.2001 at about 12.30 P.M. one Baidhar Sahu, a known drug addict, was produced before the S.I. of Police Suprasanna Kumar Mallik of Chhatia Beat House, while he was moving in a suspicious manner. In course of interrogation, the said Baidhar Sahu informed that he used to purchase brown sugar from the appellant. Getting this information, the police officer made a station diary entry informing the I.I.C., Badachana P.S. about the same, sent requisition for deputing an Executive Magistrate to be present at the time of search of the house of the appellant. The Magistrate arrived at Chhatia Beat house at 4.00 P.M. Then, the police staff headed by S.I. of Police S.K. Mallik along with the Executive Magistrate proceeded to the house of the appellant aft