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2021 Supreme(Ori) 17

P.PATNAIK
Sohan Ray @ Rai – Appellant
Versus
State of Orissa – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Milan Kanungo.
For the Respondent: Mr. Karunakar Gaya.

JUDGMENT :

P. PATNAIK, J.

1. The aforementioned appeals arisen out of the common judgment dated 05.12.2015 have been heard analogously and are being disposed of by this common judgment.

2. The aforesaid appeals are directed against the judgment dated 05.12.2015 passed by learned 1st Additional Sessions Judge, Sambalpur in T.R. Case No. 16/1 of 2014-15 whereby the appellants herein have been convicted for the offences punishable under Section 20(b) (ii) (c) of the N.D.P.S. Act and have been sentenced to undergo R.I for ten years and fine of Rs. 50,000/- each in default of fine, the convicts shall undergo further period of R.I. for one year each.

3. The prosecution case, as has been projected on the basis of F.I.R. in nutshell is that on 08.08.2014 while Sri. B.B. Nayak and other P.S. staff of Rairakhol Police Station, during patrolling duty in Rairakhol Town with P.S. staff saw one Ambassador Car crossed police vehicle in a high speed with suspicious manner. So he chased the car and detained near Bobby filling service station Rairkhol and detected the registration number of the car UP-62-6813 and three persons were in exclusive and conscious position of contraband Ganja in three Polly b

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