Prakash Kumar Jena vs State of Orissa

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Ori) 666

THE HIGH COURT OF ORISSA AT CUTTACK
SIBO SANKAR MISHRA
Prakash Kumar Jena – Appellant
Versus
State of Orissa – Respondent

Advocates:
Advocate Appeared:
For the Appellants :Ms. A. Mehta, Advocate
For the Respondent: Mr. S.J. Mohanty, ASC

Table of Content
1. appellants' appeal context and status (Para 1 , 2)
2. circumstances of the alleged offense (Para 4 , 5)
3. trial and defense arguments (Para 6 , 7)
4. court's evidence analysis and observations (Para 8 , 9 , 10)
5. reliability of testimonies and lack of evidence (Para 11 , 12 , 13)
6. precedent regarding transporting vs. storing (Para 14)
7. final judgment and acquittal of the appellant (Para 15 , 16)

Judgment :

The present Criminal Appeal is conjointly preferred by one Prakash Kumar Jena and Duryodhan Patra assailing the judgment and order dated 05.01.1999 passed by the learned Special Judge under E.C. Act-cum-Additional Sessions Judge, Khurda convicting them under Section 7 of the E.C. Act and sentenced them to undergo R.I. for six months in T.R. No. 91 of 1996.

3. Heard Ms. A. Mehta, learned counsel for the appellant and Mr. S.J. Mohanty, learned Additional Standing Counsel for the State.

5. It is further alleged that from the R.C. book it was ascertained that the appellant no.2-Duryodhan Patra is the owner of the vehicle. Therefore, on 16.05.1995 notice was issued to the appellant. In reply to the notice, the present appellant, taken a plea that the stock of 140 bags

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