Surendra Sabut v. State
Case brief
What is this about?
The High Court allowed this criminal appeal against a conviction under the N.D.P.S. Act, setting aside the conviction for lack of trustworthy evidence connecting the seized bag to the sample sent for chemical examination.
What did the court decide?
The impugned judgment of conviction and sentence set aside; the appellant acquitted; bail bond cancelled; surety discharged.
What the court decided
ORISSA HIGH COURT, CUTTACK
CRA NO. 95 OF 1992
From the judgment dated 23.01.1992 passed by Shri M.R. Nanda, Sessions Judge, Ganjam-Berhampur in Sessions Case No.33 of 1991(N).
| ----- Surendra Sabuta |
--- .....…. |
Appellant |
|---|---|---|
| -Versus- | ||
| State of Orissa | ……… | Respondent |
| For appellant - | Mr. A. Tripa | thy, Advocate |
| For respondent - | Addl. Gove | rnment Advocate |
PRESENT:-
THE HON’BLE MR. JUSTICE SATRUGHANA PUJAHARI
------------------------------------------------------------------------------------Date of Hearing & Judgment :- 06.01.2017 S.PUJAHARI, J. The appellant herein calls in question the
judgment of conviction and order of sentence passed against him in Sessions Case No.33 of 1991 (N) on the file of the Sessions Judge, Ganjam-Berhampur. The learned Sessions Judge, Ganjam-Berhampur vide the impugned judgment and order held the appellant (hereinafter referred to as “the accused”) guilty under Section 20(b)(i) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short “N.D.P.S. Act”) and sentenced him to undergo R.I. for three years and to pay a fine of Rs.5000/-, in default, to undergo R.I. for a further period of six months.
Issues for consideration
3 issues framed by the court
Whether reliance on test quantity distinct from seized sample without chain of custody is enough to convict an accused.
Whether evidence of official witnesses is trustworthy when independent witnesses fail to support prosecution version.
Whether stringent punishment under N.D.P.S. Act requires clear evidence linking seized material to test sample.
Parties & counsel
- appellant
Surendra Sabuta
- respondent
State of Orissa
Coram
Satrughana Pujahari
Case details
As recorded by the court registry
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