JUDGMENT :

A.V. RAVINDRA BABU, J.

1. Challenge in this Criminal Appeal is to the judgment, dated 08.09.2009 in NDPS Sessions Case No. 31 of 2007, on the file of the Special Judge for Trial of the Cases under the Narcotic Drugs and Psychotropic Substances Act, 1985-cum-I Additional Sessions Judge, East Godavari, Rajahmundry (“Special Judge” for short). This appeal is filed by the unsuccessful A.1 and A.2 in the aforesaid Sessions Case. They faced trial under Section 8(c) r/w Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substance Act, 1985 (“NDPS Act” for short) and they were convicted under Section 235(2) of the Code of Criminal Procedure (“Cr.P.C.” for short) and sentenced to suffer rigorous imprisonment for 10 years each and to pay fine of Rs.1,00,000/-each in default to suffer simple imprisonment for six months each.

2. The parties to this Criminal Appeal will hereinafter be referred to as described before the learned Special Judge for the sake of convenience.

3. The case of the prosecution, in brief, as set out in the charge sheet filed by the Inspector of Police, Korukonda Circle, alleging the offence Section 8(c) r/w Section 20(b)(ii)(C) of N.D.P.S. Act is as follow