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2008 Supreme(Ori) 1119

R.N.BISWAL
STATE OF ORISSA – Appellant
Versus
PRASANNA KUMAR SWAIN – Respondent


Advocates Appeared:
Additional Government Advocate, for the Appellant; A.K. Dalal, C.A. Patnaik and A. Mohanty, for the Respondent

JUDGMENT :

R.N. Biswal, J. - The State of Orissa calls in question, the judgment and order dtd. 7.3.1992 passed by the Sessions Judge, Sundargarh in ST. No. 144/1991 acquitting the accused-Respondent of the offence u/s 20(b)(i) of N.D.P.S. Act.

2. The prosecution case lies in a short compass. On 30.1.1991 at about 7.30 A.M., the S.I. of Excise, Rajgangpur (P.W.3), receiving reliable information that the accused-Respondent had kept Ganja without being backed by any authority, raided his house and recovered a bag containing Ganja. On weighment the same came to 950 gms. The S.I. took two samples thereof and sent one such sample though Court to State Forensic Science Laboratory, Rasulgarh for chemical examination. On chemical examination, the chemical examiner confirmed the sample to be Ganja. After completion of inquiry, the S.I. submitted P.R. u/s 20(b)(i) of N.D.P.S. Act. Since the accused-Respondent denied the charge, he faced the trial. In order to establish its case prosecution examined three witnesses in all; of whom P.W.1 and 2 are said to be two independent seizure witnesses and P.W.3 is the Excise Constable who helped the S.I. in the raid. Defence did not prefer to examine any






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