Jagannath Panigrahi vs State of Orissa

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(Ori) 541

IN THE HIGH COURT OF ORISSA AT CUTTACK
SIBO SANKAR MISHRA
Jagannath Panigrahi – Appellant
Versus
State of Orissa – Respondent

Advocates Appeared:
For the Appellant :Mr. Sanjay Kumar Pradhan, Advocate
For the Respondent: Ms. Sarita Moharana, ASC

JUDGMENT :

S.S. Mishra, J.

The present Criminal Appeal, filed by the appellant is directed against the judgment and order dated 30.10.2009 passed by the learned 2^nd Additional Sessions Judge, Berhampur in 2(a) C.C. No.6 of 2008(N), whereby the appellant has been convicted for the offence under Section 20 (b)(ii)(B) of the N.D.P.S. Act and on that count, he is sentenced to undergo R.I. for five years and to pay a fine of Rs.50,000/- (rupees fifty thousand), in default, to undergo further R.I. for one year.

2. Heard Mr. Sanjay Kumar Pradhan, learned counsel appearing for the appellant and Ms. Sarita Moharana, learned Additional Standing Counsel for the State.

3. The prosecution case, in brief, is that on 16.04.2008 at about 7.30 A.M., while K.K. Rao, I.I.C., E.I. & E.B., Berhampur, was performing patrol duty in the Utkal Ashram Road area of Berhampur Town along with his staff, he noticed the accused Jagannath Panigrahi moving suspiciously near the Ganjam Kala Parisada Gate, carrying a Jari bag in his hand. Entertaining suspicion, the Sub-Inspector of Excise detained the accused and called an independent witness, namely Tuna Nayak. After observing the procedural formalities, a search was