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IN THE HIGH COURT OF ORISSA AT CUTTACK
S.K.SAHOO
Anil Benia – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. factual background of the case (Para 1 , 2 , 3 , 4) |
| 2. defense claims police misconduct (Para 5) |
| 3. court's findings on evidence credibility (Para 6) |
| 4. arguments on prosecution and witness reliability (Para 7 , 8 , 10) |
| 5. presumptions under n.d.p.s act (Para 11) |
| 6. final verdict and sentencing (Para 12) |
JUDGMENT :
The appellant Anil Benia faced trial in the Court of learned Special Judge, Rayagada in C.T. Case No.119 of 2013 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 21.08.2013 at about 2.00 p.m. at Muniguda Railway station, he along with two others were found in possession of five airbags containing flowering and fruiting tops of cannabis plant (ganja) of commercial quantity weighing 91 kgs. 350 grams in an auto rickshaw bearing registration no.OR-07J-6591 in the process of transporting the same to Titilagarh without having any authority or licence to possess it.
2. The prosecution case, in short, is that on 21.08.2013 P.W.9 Ganapati Behera, S.I. of Police, Rayagada G.R.P.S., in absence of the IIC, was in charge of the said police station. On that day
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