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IN THE HIGH COURT OF ORISSA AT CUTTACK
D.DASH, V.NARASINGH
Balimiki Rout – Appellant
Versus
State of Orissa – Respondent
| Table of Content |
|---|
| 1. appellant's conviction under ndps act. (Para 1 , 2 , 3) |
| 2. arguments on trial jurisdiction validity. (Para 4 , 5) |
| 3. court's interpretation of jurisdiction. (Para 6 , 8 , 11) |
| 4. transitional provisions under ndps act. (Para 10 , 12) |
| 5. appeal granted, conviction acquitted. (Para 14 , 15) |
Judgment :
D. Dash, J.
1. The Appellant, by filing this Appeal, has called in question the judgment of conviction and order of sentence dated 10th April, 1991 passed by the learned Assistant Sessions Judge, Jeypore in Sessions Case No.6 of 1991 (S.C. No.231/90 on the file of the learned Sessions Judge, Jeypore) arising out of II(a) CC No.472 of 1990 in the Court of the learned Sub-Divisional Judicial Magistrate (S.D.J.M.), Jeypore.
The Appellant (accused) thereunder has been convicted for committing the offence under section 20(b)(1) of the Narcotics Drugs and Psychotropic Substances Act, 1985 (in short, ‘the N.D.P.S. Act’). Accordingly, he has been sentenced to undergo rigorous imprisonment for two (2) years and pay fine of Rs.5000/- (Rupees Five Thousand) in default to undergo rigorous imprisonment for six (6) months for commission of the said offence.
2. FACTS:-
On 21.11.1990, the accu
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