THE HIGH COURT OF ORISSA AT CUTTACK

CRA No.228 of 1999

(In the matter of an application under Section 36-B of the Narcotic Drugs and Psychotropic Substances Act, 1985 read with Section 374 and

382 of the Criminal Procedure Code, 1973)

Narayan Sahu ……. Appellant

-Versus-

State of Orissa ……. Respondent

For the Appellant : Mr. Tirtha Kumar Sahu, Amicus Curiae

For the Respondent : Ms. Sarita Moharana, ASC

CORAM

THE HONOURABLE SHRI JUSTICE SIBO SANKAR MISHRA Date of Hearing: 16.10.2025 :: Date of Judgment: 27.11.2025

S.S. Mishra, J. The present Criminal Appeal, filed by the appellant- Narayan Sahu is directed against the judgment and order dated 03.08.1999 passed by the learned Sessions Judge-cum-Special Judge, Khurda, Bhubaneswar in T.R. Case No.10 of 1998, whereby the present

appellant has been convicted for the offence under Section 20(b)(i) of the N.D.P.S. Act and on that count, he was sentenced to undergo R.I. for three years and to pay a fine of Rs.25,000/-, in default of payment of fine, to undergo further R.I. for one year subject to set off the substantive sentence under Section 428 of Cr.P.C.

2. The present appeal has been pending since 1999. When the matter was called for hearing, consistently none appeared for the appellant. Therefore, this Court requested Mr. Tirtha Kumar Sahu, learned counsel, who was present in Court to assist the Court as Amicus Curiae. He has readily accepted the same and after obtaining entire record, assisted the Court very effectively. This Court records appreciation for the meaningful assistance rendered by Mr. Sahu.

3. Heard Mr. Tirtha Kumar Sahu, learned Amicus Curiae for the appellant and Ms. Sarita Moharana, learned Additional Standing Counsel for the State.

4. The prosecution case in terse and brief is that on 26.10.1998 at about 12.10 P.M., the Excise S.I., Balugaon Charge (P.W.1), while on patrol in Balugaon Town along with his A.S.I. (not examined) and a Constable (not examined), noticed the accused near the Balugaon railway level crossing. The accused was coming from the Banpur side carrying a gunny bag and appeared perturbed on seeing the patrol party, thereby arousing suspicion. P.W.1 detained him and requested nearby passersby to witness the personal search. P.W.2 responded to the call. P.W.1 disclosed his identity to the accused and informed him of his right to be searched before the nearest Magistrate or a Gazetted Officer. A written notice (Ext.1) was served in that regard. The accused declined the option and consented in writing (Ext.2) to be searched by P.W.1.

Upon search, the gunny bag carried by the accused was found to be containing ganja weighing 3 kilograms. P.W.1 stitched and sealed the bag, affixed a paper slip bearing the signatures of the accused, P.W.2, and the raiding party, and secured the seal impression of his brass seal thereon. The brass seal was then handed over in zima to P.W.2, who executed a zimanama (Ext.4). The contraband (M.O.I) was seized under the seizure list (Ext.3), attested by both independent and official witnesses. A copy of the seizure list was served on the accused, who acknowledged receipt by endorsement and signature on the reverse of Ext.3 (Ext.3/5).

Thereafter, P.W.1 arrested the accused, explaining the grounds of arrest, and produced him along with the seized contraband before the Special Judge, Bhubaneswar. As directed by the Court, the S.D.J.M., Bhubaneswar drew a 50 gram sample from M.O.I, which was packed, sealed, and forwarded to the State Drugs Testing and Research Laboratory, Bhubaneswar under Ext.7 along with the specimen seal. The remaining material was deposited in the court malkhana. Chemical examination confirmed the sample to be ganja as defined under Section 2(iii)(b) of the N.D.P.S. Act. The Chemical Examiner’s report is Ext.10. On completion of investigation, P.W.1 submitted the prosecution report for the alleged commission of offence under Section 20(b)(i) of the Act. On the stance of complete denial and claim for trial, the appellant wa