Niranjan Basantia vs State of Odisha

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Ori) 783

IN THE HIGH COURT OF ORISSA AT CUTTACK
SIBO SANKAR MISHRA
Niranjan Basantia – Appellant
Versus
State of Odisha – Respondent

Advocates Appeared:
For the Appellant :Mr. Debi Prasad Pattnaik, Advocate
For the Respondents: Mr. Sarathi Jyoti Mohanty, ASC

Table of Content
1. case background and seizure details. (Para 1 , 3 , 4)
2. assessment of witness testimonies. (Para 5 , 7 , 8 , 9 , 10)
3. arguments related to prosecution failures. (Para 6 , 11)
4. prosecution failed to prove case beyond doubt. (Para 12)
5. conclusion and acquittal of the appellant. (Para 13)

Judgment :

1. The present Criminal Appeal, filed by the appellant- Niranjan Basantia under Section 374 of the Cr. P.C., is directed against the judgment and order dated 05.02.1994 passed by the learned Additional Sessions Judge, Kendrapara in S.T. Case No.405/41 of 1992, whereby the present appellant has been convicted for the offence under Section 20 (b) of the N.D.P.S. Act and on that count, he was sentenced to undergo R.I. for three years and to pay a fine of Rs.30,000/-, in default of payment of fine, to undergo further R.I. for nine months.

3. The prosecution case in terse and brief is that on 20.08.1992, when the excise staff were performing patrolling duty at Duhuria bus stand area, the accused-appellant was going with a bag in his hand and the suspicion grew of the S.I. of excise. At that time, a cyclist passing by, was also approached to be a witness to the transaction of

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