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2024 Supreme(Ori) 332

IN THE HIGH COURT OF ORISSA AT CUTTACK
D.DASH
Ganeswar Bagarti – Appellant
Versus
State of Odisha – Respondent


Advocates Appeared:
For the Appellant :Mr.Prahallad Sahu & G. Sahu (Advocates)
For the Respondent: Mr.P.K. Mohanty Additional Standing Counsel

Table of Content
1. conviction relates to possession of ganja. (Para 1 , 2 , 3)
2. prosecution's evidence challenged on grounds of doubt. (Para 4 , 7 , 9 , 10)
3. disputes over the compliance with the n.d.p.s. act. (Para 5 , 6)
4. drawing samples must adhere to legal provisions. (Para 8)
5. appeal allowed; prior conviction annulled. (Para 11)

JUDGMENT :

1. The Appellant, by filing this Appeal, has called in question the judgment of conviction and order of sentence dated 24th September, 2021 passed by the learned Sessions Judge-Cum- Special Judge, Boudh in 2(a) CC (NDPS) No.02 of 2020 arising out of P.R. No.01/2020-21 of Officer-in-Charge of Excise Station, Manamunda.

2. The prosecution case, in short, is that on 02.04.2020 morning, the Sub-Inspector (S.I.) of Excise of Manamunda Station (P.W.2) with his other staff were conducting the patrolling duty at Dapala village area. During then, an information from a reliable source was received regarding storage contraband article by the accused in his dwelling house at Village-Dapala. P.W.2 thus, having immediately reduced the same into writing, informed the said fact to his Superior Authority. Due to want of time, without taking steps for obtain

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