THE HIGH COURT OF ORISSA AT CUTTACK

CRA No. 195 of 1998

(In the matter of an application under Section 374 of Criminal Procedure

Code)

Bijoy Kumar Sahu ……. Appellant

-Versus-

State of Orissa ……. Respondent

For the Appellant : Ms. Bini Mishra,

Advocate

For the Respondent : Mr. S.J. Mohanty, ASC

CORAM:

THE HONOURABLE SHRI JUSTICE SIBO SANKAR MISHRA

Date of Hearing: 18.11.2025 : Date of Judgment: 27.11.2025

S.S. Mishra, J. The present Criminal Appeal is preferred by the appellant-Bijoy Kumar Sahu questioning the judgment of conviction and order of sentence dated 30.06.1998 passed by the learned Additional District and Sessions Judge, Nayagarh in Sessions Trial No. 117/19/117

of 97/96, whereby the appellant was found guilty of offence punishable under Section 20(b)(i) of the NDPS Act read with Section 47(a) of Bihar and Orissa Excise Act, and on the count of such conviction, the appellant has been sentenced to undergo R.I. for one year with fine of Rs.2000/-, in default to undergo S.I. for six months for offence under Section 20(b)(i) of the NDPS Act. Further, on the count of the guilt under Section 47(a) of Bihar and Orissa Excise Act, the appellant was sentenced to undergo R.I. for three months with fine of Rs.200/-, in default to undergo S.I. for fifteen days. Both the sentences were directed to run concurrently.

2. Heard Ms. Bini Mishra, learned counsel for the appellant and Mr.

S.J. Mohanty, learned Additional Standing Counsel for the State.

3. The prosecution case, in short, is that on 06.10.1995 night P.W. 1, who was working as A.S.I. of Nayagarah P.S., had been to perform Anti Dacoity Patrol duty along with some A.P.R. force and returned to the headquarters in the early morning of 6/7-10-95. He stopped the Police Van at Nayagarah Bus Stand. In the bus stand he found the accused was moving in a suspicious manner holding a foam bag. He detained the accused and searched his bag suspecting keeping of some contraband articles and found one paper packet and two bottles were kept in it. On opening of the paper packet, he found Ganja in it and I.D. liquor in two bottles. He prepared a written report at the spot and sent the same to Nayagarah P.S. through a Constable. The I,I.C. treated the same as F.I.R. and registered P.S. Case No. 282 of 1995 under section 20 of the N.D.P.S. Act and Sec. 47 (a) of Bihar and Orissa Excise Act and directed the S.I., G.R. Mohapatra to take up investigation. The I.I.C. and the S.I. G.R. Mohapatra immediately came to the spot and effected the search after observing the formalities. They recovered the Ganja and I.D. liquor from inside the bag and seized the same. The S.I., G.R. Mohapatra got weighed the Ganja through one Lochan Sahu and on weighment, it was found to be 425 gms. He drew up two samples, out of that Ganja weighing 25 gms. each and packed them separately and put the brass impression seal on each packet and took the signature of the accused and witnesses on the paper slips affixed on each three packets. As the accused could not produce any licence in support of such possession, he was arrested by him and taken to the P.S. along with seized articles and on the same day, he forwarded the accused to the court along with the seizure list and the seized articles. He made a prayer to the court to send the sample packet of Ganja and liquor to S.F.S.L., Rasulgarah, Bhubaneswar for examination. But the learned S.D.J.M., in-charge, re- sealed the Ganja packets by putting his own seal and handed over the same to the I.O. directing to produce in the court on 11.10.95 for sending to S.F.S.L., Rasulgarah for examination and accordingly on 11.10.95 the I.O. produced the same before the S.D.J.M. and the latter found the seals put on it were intact and forwarded the same to S.F.S.L., Rasulgarah for examination. The latter, on examining the sample packets of Ganja and liquor, opined that the exhibits contain cannabis (ganja) and liquor.

4. On the basis of the aforesaid allegations, police registered the case and investiga