JUDGMENT

S.K. MISHRA, J. - The accused having been convicted for the offence under Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the NDPS Act') and sentenced to undergo rigorous imprisonment for 20 years and to pay fine of Rs.2,00,000/-, in default to undergo further R.I. for five years has assailed his conviction and sentence in this appeal. The conviction has been recorded by the learned Addl. Sessions Judge-cum-Special Judge, Malkangiri in Criminal Trial No. 51 of 2006. Judgment has been pronounced on 03.07.2007.

2. The case of the prosecution is that, on 23.03.2006, the OIC of Malkangiri Police Station received reliable information about the possession of ganja by the accused-Paritosh Dash in village M.V.83. The said Police Officer after making station diary sent the intimation to his immediate superior in writing. Such information has been sent to the C.I. and Superintendent of Police, Malkangiri through special messenger, The officer was of the opinion that there was danger of accused escaping with the ganja. He along with his staff reached the spot, M.V.83 at 11.30 a.m. and detected some gunny bags numbering about fourteen on the verandah of the house of the accused. He asked the accused about the contents of those gunny bags and accused replied that ganja was inside the gunny bags and that he procured the same from Dyke-III side.

Thereafter, the Investigating Officer (I.O.) detained the accused in his house with the contraband ganja bags and arranged for local witnesses. He disclosed before the local witnesses and the accused for the purpose of his visit. He further asked the accused about his willingness to be searched in the presence of Executive Magistrate. The appellant stated that he is willing to be searched in the presence of an Executive Magistrate. Therefore, a constable was deputed and the service of the Executive Magistrate (P.W.2) was made available on the direction of the Sub-Collector, Malkangiri.

In the presence of the' Executive Magistrate, the house of the accused was searched and fourteen numbers of gunny bags were found containing ganja. The witnesses and the Executive Magistrate could know the same to be ganja from the smell. Then, the I.O. deputed a constable to arrange a weighman. On arrival of the weighman, all the fourteen numbers of gunny bags weighed in the presence of witnesses. The total weigh of the ganja came to 250.672 kgs and samples were taken of 24 grams each. The sample's were kept in separate packets. Thereafter, the I.O. seized 14 bags along with sample packets and prepared seizure list. The gunny bags were marked as Exts. A to N and the sample packets were marked as Exts.A-1 to N-1 and A-2 to N-2. He seized all the 28 sample packets and prepared seizure list in the presence of the Executive Magistrate. The accused was also affixed his LTI in the seizure list. The sample packets were signed in the presence of the Executive Magistrate and other witnesses by using brass seal of the Executive Magistrate. He also prepared sample copy of the brass seal of the Executive Magistrate. Then, he arrested the accused and forwarded the material objects to the Court.

At the spot, he prepared a plain paper FIR, which is marked as Ext.27. Then, he proceeded to the police station. On 24.03.2006, at about 2 a.m. he along with his staff reached the police station at Malkangiri and registered a case as Malkangiri P.S.Case No. 59, dated 24.03.2006. The 10 kept the properties at the P.S.Malkhana and he was also then incharge of the Malkhana by making entry in P.S.Malkhana Register, vide Mal Number 40/2006 retaining copy of the mal entry vide Ext.28. On 25.03.2006, he forwarded the accused and seized bulk and sample packets to the Court of Special Judge, Koraput at Jeypore. On that date, he received orders from the Court to send sample packets through the SDJM, Malkangiri to R.F.S.L., Berhampur for chemical examination. It was directed that the learned S.D.J.M., M