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2021 Supreme(Ori) 188

S.K.PANIGRAHI
Jagabandhu Sahoo @ Bulu – Appellant
Versus
State Of Odisha – Respondent


Advocates Appeared:
M/s. Ashok Sahoo, B.S. Das and S. Mohapatra, Advocates, for the Appellant; Mr. P.K. Maharaj, Additional Standing Counsel, for the Respondent.

JUDGMENT

S.K. Panigrahi, J. - The present appeal has been filed challenging the judgment and order dated 18.06.2014 passed by the learned Sessions Judgecum Special Judge, Nayagarh in T.R. Case No.2 of 2011 convicting the appellant under Section 20(b)(ii)(C) of the Narcotics Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'NDPS Act') and sentencing him to undergo rigorous imprisonment for 10 years and to pay a fine of Rs.1,00,000/- in default, to undergo rigorous imprisonment for a further period of six months.

2. Shorn of unnecessary details, the facts of the instant case are that on 14.09.2010, the IIC of Sadar P.S. Nayagrah Sri Jagal Kumar Mallik was performing patrolling duty on the Mahipur and Malisahi Road. At around 6.15 P.M., a Bolero vehicle bearing registration No.OR-02AP-2595 sped past the patrolling vehicle towards Malisahi thus arousing the IIC's suspicion. The IIC proceeded to chase the vehicle and apprehended it between village Chahili and Raipur.

3. Upon stopping the vehicle, the IIC confronted and questioned the two occupants as to why there was a strong pungent smell emanating from the vehicle. The occupants then allegedly, admitted to carryin

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