1. This judgment shall govern Criminal Appeal No.1 081/2007 preferred by Sidhartha Gautarn, Criminal Appeal No.8/2008 preferred by Vinay Kumar and Criminal Appeal No.342/2008 preferred by Anil Gupta.

2. Appellants Sidhartha and Vinay were convicted under Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (henceforth 'the Act') by judgment dated 3-11-2007 in Special Case No. 1/2007 by the Special Judge (under the Act), Bastar place Jagdalpur and sentenced to rigorous imprisonment for 10 years each and also to a fine of Rs.l Lakh each and in default to undergo rigorous imprisonment for 3 years for transporting 183 kilograms of illicit Ganja in Santro Car No.MP 18C 1226 (henceforth 'the Santro Car') on 25-11-2006 near Gadsil Bhata Nala. The appeal preferred by Anil Gupta. i.e., the owner of the Santro Car is directed against the order of confiscation ofthe Santro Car by the impugned judgment.

3. Briefly stated prosecution's case is as under:

On 25-11-2006, Shri B.S.Nishad P.W.-4 S.H.O. of P.S. Keshkal received secret information at 8:50 A.M. that illicit Ganja was being brought from Jagdalpur in the Santro Car. After recording the said information