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IN THE HIGH COURT OF ORISSA AT CUTTACK
S.K.SAHOO
Sk. Najbul – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. details of the trial and sentencing (Para 1) |
| 2. description of prosecution evidence and procedure (Para 2 , 3) |
| 3. defense arguments and denial (Para 4 , 5) |
| 4. challenges to conviction on procedural grounds (Para 6 , 7) |
| 5. court's analysis of compliance with n.d.p.s. act (Para 8 , 9 , 10) |
| 6. conclusion and order of acquittal (Para 11) |
JUDGMENT :
S.K. SAHOO, J.
1. The appellants Sk. Najbul and Sk. Khalil in CRLA No. 606 of 2018 and appellant A. Shimadri Rao in JCRLA No.39 of 2019 faced trial in the Court of learned 2nd Additional Sessions Judge, Balasore in Special Case No. 02/26 of 2016 for offence punishable under section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereafter ‘N.D.P.S. Act’) on the accusation that on 24.01.2016 at about 8.10 a.m., in front of Banadurga Travels office at Sahadevkhunta bus stand, they were found in possession and transporting the contraband articles i.e., Ganja weighing about 36.4 Kgs for sale without any authority or licence for the same.
The learned trial Court vide impugned judgment and order dated 26.02.2018 found the appellants guilty of the offence charged and sentenced each of them to undergo rigorous imp
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