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2021 Supreme(Ori) 373

S.K.SAHOO
Amresh Chandra Barik – Appellant
Versus
State Of Odisha – Respondent


Advocates Appeared:
M/s. Anirudha Das, S.K. Mishra, A.Das, S.K. Rout, Abanindra Das, S.Ch. Mishra, D. Mishra, Advocate, for the Appellant; Mr. Arupananda Das, ; Additional Government Advocate, for the Respondent.

JUDGMENT

S.K. Sahoo, J. - The appellant Amresh Chandra Barik in CRLA No. 126 of 2015 and appellant Premananda Sahu in CRLA No.161 of 2015 faced trial in the Court of learned Additional Sessions Judge -cum- Special Judge, Phulbani in G.R. Case No. 07 of 2013 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 26.09.2013 at about 9.35 a.m., they were found to be in unlawful possession of 32 kgs. 550 grams and 34 kgs. 600 grams of contraband ganja respectively near Surkapata Ghat road at village Majhipada on Phiringia Gochhapada road.

The learned trial Court vide impugned judgment and order dated 12.02.2015 found both the appellants guilty of the offence charged and sentenced each of them to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs.1,00,000/- (rupees one lakh), in default, to undergo further rigorous imprisonment for period of one year.

Since both the appeals arise out of one common judgment, with the consent of learned counsel for both the parties, those were heard analogously and are disposed of by this common judgment.

2. The prosecution

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