Pranab Kumar Begrai vs State Of Orissa

Dr. S. Muralidhar, CJ

The challenge in the present petition is to the order dated 30th June, 2022 passed by the learned Sessions Judge-cum-Special Judge, Berhampur in 2(a) C.C. Case No.49 of 2021 (N) taking cognizance of the offence under Section 20(b)(ii)(C) of the NDPS Act, 1985 against the Petitioner.

At the outset, it must be noted that the Petitioner was one of the four accused, who have been named in the aforementioned case, for being found in possession of 110 Kgs. of contraband ganja on 21st September, 2021 in a car in which they were travelling. It must further be noted that the Petitioner has been enlarged on bail by the trial Court by an order dated 21st March, 2022 upon failure by the prosecution to file a charge-sheet within the mandatory period of 180 days from the date of arrest.

A perusal of the impugned order dated 30th June, 2022 reveals that the Inspector of District Striking Force, Berhampur, who is the Investigating Officer (IO), submitted the prosecution report to the trial Court, on perusal of which the Court was prima facie satisfied of the commission of the offence.

It is sought to be argued that cognizance could not have been taken by the trial Court of the aforementioned offence against the present Petitioner since the I.O. did not enclose with the charge-sheet the relevant chemical examination report which according to the Petitioner forms the foundation for a case of this nature.

An Inspector of a Striking Force has been assigned with the special duty of detecting cases involving offences under the NDPS Act. The Strike Force usually has vast experience to act swiftly after coming across reliable information. The complaint itself notes that the patrolling party chased the car in which the accused were travelling and once they managed to overpower it, they noticed a strong odour of ganja coming out of the car, which contained four jerry sacks which upon being opened revealed 110 kg of contraband ganja being clandestinely transported.

At the stage of taking cognizance, the Court has to be satisfied that a prima facie case has been made out attracting the aforementioned offence. The quantity being commercial and given that the seizure was by a specialized team dealing with cases of narcotics, the mere absence of Chemical Examination Report at this stage would not vitiate the order taking cognizance.

Consequently, the Court is not inclined to interfere in the matter at this stage. Accordingly, the CRLMC is dismissed. A copy of this order be communicated to the concerned Court below forthwith.

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