Point of Law: Criminal Law - Transporting 72 kgs of ganja in Ambassador Car - Appeal against conviction - Benefit of doubt - Conviction will lie on the sole testimony of police witnesses. Recovery, seizure and deposit of contraband articles not proved through independent witnesses. Accused is entitled to benefit of doubt - Impugned judgment set aside.

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 bags. The P.S. staff arranged the local witnesses, weigh man and other documents for seizure. Since it was chance detection other formalities could not be observed. He seized the Ganja car and other belonging of the accused persons observing the formalities as laid down in NDPS Act. Being interrogated the accused persons confessed before witnesses about transportation of Ganja to Banaras for commercial purpose which was procured by one Suryaprakash from Boudh side. Accordingly, he submitted written report before the Rairakhol Police Station and directed S.I. Sushma Kuanr to take up investigation of the case. During investigation, the I.O. visited spot, examined witnesses, submitted detail report to the Superintendent of Police, Sambalpur. After investigation charge-sheet was submitted against the appellants keeping open the investigation against the other accused-Surya Prakash.

4. During the trial the prosecution in order to bring home the charges examined altogether 13 witnesses.

5. PW-1 is the A.S.I. of police and was present at the time of detection of this case. PW-5 is the Havildar and also present at the time of detection of this case. PWs. 2, 6, 7, 8, 10 and 12 are the seizure witnesses. PWs. 3, 4 and 9 are other witnesses. PW-13 is the Investigating Officer. No witness has been examined on behalf of the defence.

6. On scrutiny of the evidence of the prosecution witnesses particularly, PWs. 1, 5, 11 and 13, prosecution has proved that the accused persons were transporting 72 kgs of ganja in Ambassador Car bearing Registration No. UP-62-6813.

PW-1 in his evidence deposed that, on 08.08.2014 as per direction of the Inspector-in-charge, he went with S.I. Binod Bihari Naik, Havildar Ramakanta Sahu, Home Guard Dibakar Bohidar in police jeep for night patrolling in Rairakhol town area. After patrolling they were returning to Police Station. About 5.30 to 6.00 A.M. at Khadhadipa bridge they found one Ambassador car was coming from Rairakhol side towards Sambalpur in high speed. S.I. Naik on suspicion chased the vehicle for one K.M. and could stop the vehicle near Bobby Filling Petrol Pump. In the said vehicle there were three persons two of them were sitting on the back seat. The driver disclosed his name as Baboolal. The two persons sitting on the back seat disclosed their names as Pravakar Tripathy and Sohan Ray. PW-1 deposed that, S.I. Naik asked the driver to open the dicky of the car for checking and after opening of the dickey three polythene bags were found from the dickey. There was smell of ganja from the three polythene bags. PW-1 deposed that, the S.I. asked the driver to show authority for possession and transportation of the alleged ganja. Then the S.I. asked the driver about his option for his personal search and search of the vehicle in pre