Manindra Mohan Shrivastava, J.

1. All the appeals are directed against the judgment of conviction and order of sentence dated 14.9.2010 passed by learned Special Judge (NDPS), Koria, Baikunthpur in Special Sessions Trial No. 2/2009, whereby and whereunder the appellants of the three appeals have been held guilty of commission of offence alleged against them and sentenced as described below:-

Prosecution Story : It is the case of the prosecution that on 30.3.2009, SHO of Police Station-Manendragarh, Prem Sahu (P.W.9), received mukhbir information at 9:20 in the morning that one Tata Sumo Victa vehicle bearing registration No. C.G. 16 B-0778 is carrying ganja in 4 bags brought by the appellants. On receipt of mukhbir intimation, a panchnama of mukhbir information was prepared in Ex. P-19 and sent to the Sub-Divisional Officer (Police). A separate panchnama was also recorded to the effect that the Station House Officer is proceeding to seize ganja upon receipt of information without obtaining search warrant as in case of delay, the ganja is likely to be diverted. Thereafter, the SHO proceeded with Sub-Inspector- R.D. Mishra, Constable No. 3, Constable No. 180, Constable No. 350