The prosecution must establish a credible link between seized evidence and the accused, as any reasonable doubt warrants acquittal.

JUDGMENT :

D.Dash, J.

1. The Appellant, by filing this Appeal, has assailed the judgment of conviction and order of sentence dated 27.01.2016 passed by the learned 3rd Additional Sessions Judge, Cuttack in 2(a)C.C. Case No.14 of 2014.

The Appellant (accused) thereunder has been convicted for commission of the offence under section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, ‘the N.D.P.S. Act’) being in possession of 28 Kgs of Ganja (Cannabis) and sentenced to undergo rigorous imprisonment for ten (10) years and pay fine of Rs.1,00,000/- (Rupees One Lakh) in default to suffer rigorous imprisonment for one year.

2. The prosecution case, in short, is that on 18.10.2014 at about 7.30 am, the Sub-Inspector (S.I) of Excise, E.I. & E.B., Unit-2, Cuttack (P.W.3) with other staff were performing patrolling duty near Cuttack Railway station. They found one person to be sitting in front of the Gate no.2 Railway Station, which is infront of the Trinath Temple. He was then carrying two plastic white jari bags containing some articles in both his hands. That person at the sight of P.W.3 and others attempted to escape. So, on suspicion P.W.3 and others detained him. Two independent witnesses were then called to the spot. P.W.3 disclosed his identity to that person and ascertained his identity too. The person then gave his name as Sonarul Sk. (this accused). The accused on being asked, disclosed that the gunny bags were containing contraband ganja. So, P.W.3 immediately communicated the said fact to his Superior Authority and receiving his direction, went to search the accused by observing all the formalities. In course of search, besides recovering the xerox copy of the voter I.D card of the accused, a sum of Rs.245/- from his shirt pocket, two bags being searched each was found to contain 14 Kgs of Ganja (suspected). P.W.3 conducting some preliminary tests having ascertained the contents of the bags to be ganja, seized all those recovered articles under the seizure list. The bags with the contents were then sealed by affixing the impression of his own brass seal on the paper seal with the signature of the accused and the witnesses. This brass seal was then handed over to an independent witness on execution of zimanama. The accused with the seized articles were produced before the Court with the prayer for drawal of sample from the contents of the bags and onward dispatch of the same for chemical examination. Report having come that the samples sent were nothing but Ganja, Final Form was submitted placing the accused to face the trial for commission of offence under section 20 (b)(ii)(C) of the NDPS Act.

3. The plea of the accused is that of complete denial and false implication.

4. Prosecution in the trial examined in total four witnesses and has admitted several documents which have been admitted in evidence and marked Ext.1 and Ext.12.

Upon examination of the evidence tendered by the prosecution, the Trial Court has held that the prosecution established the charge against the accused under section 20(b)(ii)(c) of the NDPS Act for being in possession of 28 Kgs of Ganja in contravention of section 8 of the NDPS Act. Accordingly, the accused has been sentenced as aforestated.

5. Learned counsel for the Appellant (accused) submitted that the prosecution has failed to prove that the samples sent and examined by the chemical examiner was from out of the contents of the bags which were seized from the possession of the accused at the spot. He submitted that the evidence of P.W.3 and the relevant order sheet being carefully taken into account, the prosecution case becomes doubtful that contents of the bags seized from the poss