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2015 Supreme(Ori) 425

RAGHUBIR DASH
Sk. Jahur – Appellant
Versus
State of Orissa – Respondent


Advocates Appeared:
For the Appellant : S.K. Mishra, J. Pradhan, D.K. Pradhan, S.K. Rout, L. Pradhan and P.P. Mohanty
For the Respondent:Additional Government Advocate

JUDGMENT :

Raghubir Dash, J.

1. The Appellant herein challenges the judgment dated 18.5.2009 passed by the learned Additional Sessions Judge-cum-Judge, Special Court, Boudh in SPL Case No. 4 of 2008 whereunder the Appellant has been found guilty of having committed the offence punishable under Section 20(b) of the N.D.P.S. Act and sentenced to undergo R.I. for fifteen years and to pay fine of Rs. 1.5 lakh, in default, to undergo R.I. for three years. Prosecution case, in brief, is that on 15.3.2008 while the S.I. of Excise along with his staff and other constituting a raiding party was proceeding towards Sagada to have raids on cultivators of Cannabis plants, he got a reliable information to the effect that 'Ganja' was stored in the dwelling house of the present Appellant. On such information, the raiding party proceeded to the Appellant's house, barricaded the house and conducted search of the house observing different formalities. On such search, huge quantity of substance suspected to be 'Ganja' kept in a number of bags was recovered. The S.I. of Excise conducted sensual test and in aid of his long experience got himself confirmed that the substance was 'Ganja'. Weight of the 'Gan





























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