The mandatory provisions under section 42(1) and (2) of the N.D.P.S. Act have been fully complied with, the seized articles were properly sealed and there was no chance of tampering with the seized ganja packets during its retention at Chauliaganj police station, and the articles produced before the Court were the very articles seized at the spot.

JUDGMENT :

S.K. Sahoo, J.

The appellant Srikanta Samal faced trial in the Court of learned 1st Addl. Sessions Judge, Cuttack in G.R. Case No. 978 of 2010 (Tr. No.23 of 2010) for offence punishable under section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereafter 'N.D.P.S. Act') on the accusation that on 19.08.2010 at about 5.30 p.m. at Mahanadi Vihar, Cuttack, he was found in illegal and unauthorized possession of two plastic bags containing in total 55 Kgs. of contraband ganja which was of commercial quantity.

The learned trial Court vide impugned judgment and order dated 11.04.2012 found the appellant guilty of the offence charged and sentenced him to undergo rigorous imprisonment for ten years and to pay a fine of Rs.1,00,000/- (rupees one lakh), in default, to undergo further rigorous imprisonment for a period of one year.

2. The prosecution case, as per the first information report lodged by Sri Rabinarayan Bhanja (P.W.11), S.I. of police, Mahanadi Vihar police outpost under Chauliaganj police station is that on 19.08.2010 at about 5.30 p.m. the informant received information from reliable sources that huge quantity of contraband ganja was kept inside a silver colour TATA SUMO vehicle which was parked by the side of the road in front of Plot No.1260, Shree Vihar, Mahanadi Vihar at a close distance to Reliance Fresh and that the appellant had brought the contraband ganja, kept the same in the TATA SUMO vehicle and intending to take it to Jagatsinghpur for sale and if immediate raid is not be conducted, the appellant would flee away. The informant had reason to believe that delay would facilitate the suspect to escape and so he decided to conduct raid and accordingly, he entered the fact in the outpost station diary vide Mahanadi Vihar O.P. S.D.E. no.352 dated 19.08.2010 and in the light of provision under section 42(2) of N.D.P.S. Act, he sent the letters along with the extract of the station diary entry to the IIC of Chauliaganj police station/A.C.P., Zone-I and D.C.P., Cuttack intimating them the grounds of belief through Havildar Sanantan Mallick vide Dispatch Register entry no.243. The informant along with other police staff proceeded to the spot to verify the authenticity of the information received and on the way, he picked up two independent witnesses explaining them the purpose of raid. At about 6.00 p.m., the raiding team arrived at the spot and found the Tata Sumo Vehicle bearing Regd. No. CG04-1788 was parked by the side of the road in front of Plot No.1260 and the appellant was sitting in the driver's seat and trying to start the vehicle. The informant and his staff surrounded the vehicle and directed the appellant to come out of the vehicle. The informant gave his identity to the appellant and also asked the appellant about his identity who disclosed the same. When the informant told the appellant that he had information that contraband ganja had been kept inside the TATA SUMO vehicle and that the appellant was dealing with contraband ganja, the appellant became nervous. Seeing the gesture and posture of the appellant, the informant's suspiciousness got confirmed and he disclosed his intention before the appellant to take his personal search as well as the search of TATA SUMO. When the informant intimated the appellant verbally as well as in writing to exercise his option as to whether he wanted to be searched before an Executive Magistrate or a Gazetted Officer, the appellant intimated the informant to be searched in the presence of any Gazetted Officer which was obtained in writing. The informant issued requisition to A.C.P., Zone-I, Cuttack with a request to remain present during search and accordingly, at about 7.00 p.m. Sri Nimai Charan Sethy (P.W.8), OPS, Asst. Commissioner of Police, Zone-I reached at the spot in his vehicle and the informant disclosed his information before the ACP and he was also introduced to the appellant. Before conducting the search, the informant, th