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IN THE HIGH COURT OF ORISSA AT CUTTACK
SASHIKANTA MISHRA
Ram Rahish Tripathy – Appellant
Versus
State of Odisha – Respondent
| 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 :
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.
3. The accused persons took the plea of denial.
5. Learned Special Judge examined the oral evidence on record in detail. It was urged by the defence that there was non- compliance of the mandatory provisions of Sections-50, 55 and 57 of the NDPS Act. Learned Specia
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