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IN THE HIGH COURT OF ORISSA AT CUTTACK
G. SATAPATHY
Chand Mohammad – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. outline of case background and conviction details (Para 1 , 2 , 3) |
| 2. contention on insufficiency of evidence for conviction (Para 4) |
| 3. issues regarding compliance with ndps act and evidence insufficiencies (Para 5 , 6 , 7 , 8 , 9 , 10 , 11) |
| 4. conclusion on the acquittal of the appellants (Para 12) |
JUDGMENT :
G. Satapathy, J.
1. Since these two appeals arise out of one conviction in the same case record, both the appeals are heard together and disposed of by way of this common judgment.
2. The appellants Chand Mohammad in CRLA No.734 of 2024 and Mohammad Akil in JCRLA No.93 of 2024 assail their conviction and sentence as recorded by the learned 1st Additional Sessions Judge-Cum- Special Judge (NDPS), Berhampur, Ganjam by the impugned judgment dated 19.04.2024 passed in 2(a)CC Case No.110 of 2022 (N).
By the aforesaid impugned judgment, the appellants have been convicted for commission of offence punishable U/Ss.20(b)(ii)(C) of NDPS Act and sentenced to undergo Rigorous Imprisonment (RI) for ten(10) years with payment of fine of Rs.1,00,000/- (Rupees One Lakh), in default whereof, to undergo RI for a further period of one(1) year with the benefit of set off of the pre t
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