JUDGMENT

S.K. Sahoo, J.

The appellants Sumit Kumar Behera and Babu Gouda faced trial in the Court of learned Sessions Judge-cum-Special Judge, Ganjam, Berhampur in 2(a) C.C. No. 02 of 2011 (N) for offence punishable under section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereafter ‘N.D.P.S. Act’) on the accusation that on 18.02.2011 at about 07.00 a.m. they were found in possession of three quintals of contraband ganja in front of Iswari Dhaba at Podamari under Pattapur police station in the district of Ganjam carrying it in an Ambassador Car bearing registration number OR-02-AE-0200 in contravention of the provision under section 8(c) of the said Act.

The learned trial Court vide impugned judgment and order dated 23.08.2013 found the appellants guilty of the offence charged and sentenced each of them to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs.1,00,000/- (rupees one lakh) each, in default, to undergo further rigorous imprisonment for period of two years each.

2. The prosecution case, in short, is that on 17.02.2011 at about 8.00 p.m. Sarat Chandra Bhanja (P.W.4), S.I. of Excise, E.I. and E.B., Unit-II (S.D.)