Ram Rahish Tripathy vs State of Odisha

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

IN THE HIGH COURT OF ORISSA AT CUTTACK
SASHIKANTA MISHRA
Ram Rahish Tripathy – Appellant
Versus
State of Odisha – Respondent

Advocates:
Advocate Appeared:
For the Appellants :M/s. J.R. Dash and Mr. K.L. Dash, Advocate
For the Respondent: Mr. P. Tripathy, Additional Standing Counsel

Table of Content
1. overview of the case and prosecution evidence. (Para 1 , 2 , 4)
2. arguments regarding compliance with ndps act provisions. (Para 3 , 7 , 8 , 11 , 12)
3. court's analysis of evidence and procedural compliance. (Para 5 , 10 , 14 , 16)
4. mandatory requirements under ndps act emphasized. (Para 15)
5. final decision to acquit the accused. (Para 17)

JUDGMENT :

SASHIKANTA MISHRA, J.

This common judgment shall dispose of the aforementioned Criminal Appeals filed by the appellants challenging the judgment passed on 9/11.01.2018 by the learned Sessions Judge-cum- Special Judge, Nuapada in Special Act Case No. 10 of 2013. As per the said judgment, the appellants were convicted of the offence under Section 20 (b)(ii)(c) of the NDPS Act, 1985 and sentenced to undergo rigorous imprisonment for ten years each and to pay a fine of Rs.1,00,000/- (Rupees one Lakh only) each, in default, to undergo further rigorous imprisonment for two years each.

2. Briefly stated, the prosecution case is, on 21.10.2013 at about 5.00 A.M. the S.I and staff of Komna Police Station in the district of Nuapada found two vehicles namely, TATA Indigo LS vehicle bearing Registration No. MP 20 CA 4684 and Maru

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IN THE HIGH COURT OF ORISSA AT CUTTACKSASHIKANTA MISHRARam Rahish Tripathy – AppellantVersusState of Odisha – Respondent

IN THE HIGH COURT OF ORISSA AT CUTTACK
SASHIKANTA MISHRA
Ram Rahish Tripathy – Appellant
Versus
State of Odisha – Respondent