Suraj Bahadur vs State of Odisha

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

IN THE HIGH COURT OF ORISSA AT CUTTACK
SASHIKANTA MISHRA
Suraj Bahadur – Appellant
Versus
State of Odisha – Respondent

Advocates:
Advocate Appeared:
For the Appellants :M/s. Gopal Krishna Behera and D.R. Mishra, Advocate
For the Respondent: Mr. P. Tripathy, Addl. Standing Counsel

Table of Content
1. details of the prosecution's case and evidence. (Para 2 , 3 , 4)
2. trial court's evaluation of evidence and compliance. (Para 5)
3. arguments presented by the appellants and the prosecution. (Para 7 , 8)
4. issues of compliance with mandatory provisions of the ndps act. (Para 9 , 10 , 12 , 13 , 14 , 16)
5. conclusion on the trial court's findings. (Para 18 , 19)
6. final verdict of the appeal against conviction. (Para 20)

JUDGMENT :

The appellants question the correctness of the judgment passed by learned Special Judge, Gajapati, Parlakhemundi in G.R. Case No. 19 of 2013 on 15.09.2014, whereby they were convicted for the offence under Sections 20 (b)(ii)-C/29 of NDPS Act and sentenced to undergo R.I. for 12 years and to pay fine of Rs.1,00,000/- each and in default, to undergo R.I. for one year each for the offence under (b)(ii)-C/29 of NDPS Act.

3. The accused persons took the plea of denial and false implication.

5. After analyzing the evidence on record and considering the contentions raised by the defence, learned Special Judge held that the mandatory requirements of the statute as per Section 42 and 50 of the NDPS Act were complied with. It was further held that

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IN THE HIGH COURT OF ORISSA AT CUTTACKSASHIKANTA MISHRASuraj Bahadur – AppellantVersusState of Odisha – Respondent

Cases Referred (2)

IN THE HIGH COURT OF ORISSA AT CUTTACK
SASHIKANTA MISHRA
Suraj Bahadur – Appellant
Versus
State of Odisha – Respondent