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2024 Supreme(Ori) 21

D. DASH
Kishore Patra – Appellant
Versus
State of Odisha – Respondent


Advocates:
Mr. Jagabandhu Sahu, (Advocate), for the Appellant; Mr.P.K. Mohanty, Additional Standing Counsel, for the Respondent.

JUDGMENT

D.Dash, J.

The Appellant, by filing this Appeal, has called in question the judgment of conviction and order of sentence dated 13th March, 2020 passed by the learned Additional Sessions Judge-Cum-Special Judge, Boudh in Special Case No.21/2015 (NDPS Act) (T) arising out of C.T. Case No.51/2015 corresponding to Boudh P.S. Case No.28 of 2015.

The Appellant (accused) thereunder has 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, he 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 03.02.2015 around 3.15 p.m, the Sub-Inspector (S.I.) of Police, Boudh P.S. (P.W.10), receiving the secret information that the accused persons were packing the dried and processed fruiting and flowering tops of cannabis plant in a field in Village-Kanagun near Baghiapada for local transportation of the same, he, having entered the said fact in the Station Diary maintained at the P.S. and sending a copy of the same to the Superin

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