The burden of proof under sections 35 and 54 of the N.D.P.S. Act, compliance with statutory provisions, and the credibility of official witnesses were central legal principles established in the judgment.

JUDGMENT

S.K. Sahoo, J. - The appellant Pradeep Panda and Raghunath Sahu faced trial for the offence punishable under section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereafter 'N.D.P.S. Act') along with co-accused Kiran Kumar Pati who was separately charged for the offence under section 20(b)(ii)(C) read with section 25 of the N.D.P.S. Act in the Court of the learned 3rd Addl. Sessions Judge -cum- Special Judge, Berhampur, Ganjam in 2(a) C.C. Case No. 20/2012(N)/T.R. No. 22 of 2015 on the accusation that on 04.06.2012 at about 5.30 a.m., both the appellants were found in conscious possession of 220 kilograms of ganja (cannabis) and transporting the same in a Tata Indica car bearing registration No.OR-02W-5419 without having any authority or licence to possess the same and the co- accused Kiran Kumar Pati being the owner of the said car knowingly permitted the appellants to use the car for commission of transporting ganja in contravention of the provisions of the N.D.P.S. Act.

The learned trial Court vide impugned judgment and order dated 04.11.2016 while acquitting the co-accused Kiran Kumar Pati of all the charges, found the appellant guilty of the offence charged and sentenced them to undergo rigorous imprisonment for a period of ten years each and to pay a fine of Rs.1,00,000/- (rupees one lakh) each, in default to pay the fine, to undergo rigorous imprisonment for one year each.

2. The prosecution case, in short, is that P.W.7 Sarat Chandra Bhanja, S.I. of Excise, E.I. & E.B.(S.D.), Berhampur received reliable information regarding illegal transportation of ganja at Dengaosta to Seragada side on 04.06.2012 at about 3.00 a.m.. He reduced the information into writing and gave written intimation (Ext.11) to his higher authority i.e. Siba Prasad Gantayat (P.W.6), who was working as Inspector in- charge of Excise, E.I. & E.B. Unit-II, Berhampur. Then P.W.7 along with other excise officials proceeded to Narasinghagada Chhak under Patapur police station to work out the information.

They reached at the spot by 5.20 a.m. and while performing patrolling duty at about 5.30 a.m., they detected one Indica car bearing registration No. OR-02W-5419 coming from the side of Dengaosta and going towards Palaspur and found two persons inside the car, one person was driving the car and another person were sitting adjacent to him in the car. After detaining the car, P.W.7 disclosed his identity to those two persons and also ascertained their identification and the appellant Raghunath Sahu was found to be driver of the vehicle and the appellant Pradeep Panda was found sitting in the front seat. Since smell of ganja was coming from inside the car, P.W.7 called P.W.1 Kali Charan Barala, who was passing by that way and requested him to remain present as a witness. P.W.7 gave written option to the appellants about their right to be searched before a Gazetted Officer or an Executive Magistrate, but both the appellants expressed their willingness in writing to be searched by P.W.7.

P.W.7 gave his personal search before P.W.1 and then the car was searched and six jerry bags containing ganja were recovered, out of which three were kept at the backside seat and three were kept in the dickey of the car. P.W.7 put the Sl. Nos.1 to 6 on six jerry bags. He opened each of the bags one after another and tested a handful of ganja from each bag by rubbing the same in his palm so also by burning the same and from its smoke, colour, text and from the departmental experience of thirty three years, he came to the conclusion that the recovered articles were nothing but cannabis. He prepared drug testing chart and on weighment of each jerry bags by means of spring balance, the total quantity of ganja came to be 220 kilograms.

Since the appellants did not disclose the source from which they collected such ganja and admitted their guilt, P.W.7 sealed the jerry bags and put the impression of brass seal on each of the jerry bags so also affixed