JUDGMENT :

1. This appeal arises out of the judgment of conviction and order of sentence dated 24.12.2019 passed by the Special Judge, NDPS, Raigarh (C.G.) in Special Criminal Case (NDPS Act) No. 01/2017, convicting each of the accused/appellants for the offence punishable under Section 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as “the NDPS Act') and sentencing them to undergo rigorous imprisonment for 4 years with fine of Rs. 25,000/-, in default of payment of fine to further undergo rigorous imprisonment for 6 months.

2. Case of the prosecution, in brief, is that on 25.05.2017, PW-5 Sub Inspector-Ibrahim Mohammad Qureshi was on patrolling, he received a secret information from the informant that two persons are coming from Orrisa carrying Ganja for sale, the said information was reduced to writing vide Ex.P-2. Independent witnesses namely Dhankumar and Vijay Kumar Yadav were summoned vide Ex.P-1. The police party along with the witnesses went to the spot, apprehended the accused/appellants, gave them notice vide Ex.P-3 under Section 50 of the NDPS Act and made them aware of their legal rights, on which they consented to be sea