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2024 Supreme(Ori) 20

D. DASH
Suka Panda @ Chuta; And Krishna Chandra Barik – Appellant
Versus
State of Odisha – Respondent


Advocates:
Mr.B.K. Nayak-3, Advocate, Mr.B.P. Dhal, Advocate, for the Appellant; Mr.S.K. Nayak, Additional Government Advocate, for the Respondent.

JUDGMENT

D.Dash, J.

The Appellants, by filing this Appeal, have called in question the judgment of conviction and order of sentence dated 20th May, 2016 passed by the learned Additional Sessions Judge and Special Judge, Phulbani in G.R. Case No.41 of 2015 corresponding to Phiringia P.S. Case No.37 of 2015.

The Appellants (accused persons) thereunder have been convicted for commission of the offence under section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, 'the N.D.P.S. Act'). Accordingly, each of them has been sentenced to undergo rigorous imprisonment for ten (10) years and pay fine of Rs.1,00,000/- (Rupees One Lakh) for commission of the said offence.

2. The prosecution case, in short, is that on 19.04.2015, the Sub-Inspector (S.I.) of Police, Phiringia P.S. (P.W.1), as per the direction of the then Officer-in-Charge (O.I.C.-P.W.10), had been to Telimunda Chhak on patrol duty. It was around 8.30 a.m., he found a white colour Indigo Car coming from Kelapada side towards Telimunda. The said vehicle, being detained, two of the occupants managed to escape and one among the three was apprehended and the person apprehended was then on the driver seat

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