1. These appeals are directed against the judgment and order dated 29.4.2008 passed by Special Judge under the Narcotic Drugs and Psychotropic Substances Act, 1985 (henceforth the Act, 1985), Rajnandgaon in Special Case No. 10 of 2007. By the impugned judgment, appellants Krishna Bala, Ranjit Chaudhary, Probhash, Nakul Vishwas and Ashutosh have been convicted under Section 20(b)(ii)(C) of the Act, 1985 and sentenced to undergo R.I. for 10 years and to pay fine of Rs. 1,00,000/- each, in default of payment of fine, to further undergo R.I. for 3 months.

2. The case of the prosecution, in brief, is as under:–

On 06.09.2007, Assistant Sub-Inspector Manilal Maheshwari (PW-9) was posted as Assistant Sub-Inspector in Police Station Gandai. On that day, he received information from the mukhbir that some persons were bringing ganja in a truck from Orissa and they were going towards Kawardha. He recorded mukhbir suchna panchnama (Ex.-P/13) and also entered it in rojnamcha sanha (Ex.-P/3). He transmitted the same information to SDO(P), Khairagarh vide Ex.-P/34. Thereafter, he proceeded for further action. One truck was going towards Kawardha from Gandai. He stopped the truck. In the truck appellants Ranjit Chaudhary, Probhash, Nakul and Krishna Bala were sitting. On being enquired, the appellants told their names. The appellants were informed about their right under Section 50 of the Act, 1985. The consent of the appellants regarding search were recorded vide Ex.-P/15 to P/19. Thereafter, Manilal Maheshwari, Assistant Sub-Inspector (PW-9) searched the truck bearing registration No. MP 09 KA 5965, in which near about 9 bora (bags) were found. Identification of recovered article was conducted vide Ex.-P/33. After physical verification, it was found that the recovered article was ganja. Ganja was weighed on the spot and it was found that out of 9 bags, one bag had contained 3.500 kg., one bag had contained 31.900 kg., third bag had contained 32.180 kg., fourth bag had contained 31.110 kg., one plastic bag had contained 8.650 kg., one small bag had contained 11.430 kg., and other bag had contained 11.750 Kg., one small bag had contained 15.190 kg., and other bag had contained 3.800 kg. Search panchnama (Ex.-P/2) was prepared. Ganja was seized vide Ex.-P/24. 18 samples of the seized ganja were prepared separately. Truck bearing registration No. MP 09 KA 5965 was also seized vide Ex.-P/26. The appellants were arrested vide Ex.-P/27 to P/31. Spot map (Ex.-P/32) was prepared.

Manilal Maheshwari, Assistant Sub-Inspector (PW-9) came back to Police Station, Gandai along with the appellants and seized articles and recorded First Information Report (Ex.-P/46) in Police Station, Gandai. Action taken report was sent to SDO(P), Khairagarh and Police Superintendent, Rajnandgaon. The seized ganja and its samples were kept in Malkhana. 18 samples of the seized ganja were sent to Forensic Science Laboratory (FSL), Raipur for their chemical examination vide Ex.-P/39. A report (Ex.-P/49) was received therefrom in which the test of ganja was found positive in all the 18 samples.

After completion of the investigation, charge sheet was filed against the appellants in the Court of Special Judge under the Act, 1985, Rajnandgaon, who conducted the trial and convicted and sentenced the appellants as mentioned above.

3. Shri Prafull N. Bharat and Shri Sunil Sahu, learned counsel for the respective appellants argued that there was no compliance of provisions of Sections 42, 50, 55 and 57 of the Act, 1985. They further argued that there are material contradictions in Ex.-P/13 and Ex.-P/41. In Ex.-P/13, it is mentioned that Manilal Maheshwari, Assistant Sub-Inspector (PW-9) received secret information from the mukhbir that some persons coming from Orissa by a truck and going towards Kawardha and bringing ganja in the truck. In Ex.-P/41, the name of appellant Ranjit Chaudhary was mentioned. If secret information had been received by Manilal Maheshwari, Assistant Sub-