JUDGMENT :

Sanjay K. Agrawal, J.

1. This criminal appeal under Section 374(2) of the CrPC is directed against the judgment of conviction recorded against the appellants herein for offence under Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter called as 'NDPS Act') and sentence awarded them for rigorous imprisonment for 15 years and fine of Rs.2,00,000/-, in default of payment of fine to further undergo rigorous imprisonment for three years each.

2. Case of the prosecution, in brief, is that on 26.8.2010 two appellants herein and one co-accused Maddal Baji (who died during the pendency of the trial) at 1 p.m. near forest Naka, Darbha, P.S. Darbha passing through the truck bearing registration No.AB 07 x 3859 and on search made by the police, the appellants were found in possession 24 quintal 68 kilograms ganja (narcotic substance) in 81 bags, which they transporting and thereby committed the offence. It is further case of the prosecution that on 26.8.2010 Inspector Mahendra Kumar Dhruw, who was posted as Station House Officer of Police Station Darbha at that point of time (who died during the pendency of trial) received secret information from the informant that the accused persons/appellants are carrying ganja in truck bearing registration No.AB 07 x 3859 via highway passing through Darbha. He entered the said information into 'Rojnamacha Sanha' of the said Police Station vide Ex.P31C at 22.25 p.m., he sent constable Kailash Bhaskar (PW-7) to call independent witnesses and entered the same in Rojnamacha Sanha of the Police Station (Ex.P34C). Said constable Kailash Bhaskar came with two independent witnesses namely Bhuvneshwar Sethiya (PW-1) and Sumaru Ram Kashyap (PW-2) at police station at 11 p.m. and entered into Rojnamacha Sanha vide Ex.P33C and on the same date, mukhbir suchna panchnama (Ex.P1) was prepared. Panchnama was also prepared regarding the fact of proceeding without search warrant (Ex.P21) and thereafter at 23.20 p.m constable Kaushal Joshi (PW6) was also directed to give secrete information to superior officer and said constable with two sets of Exs.P1, P21 and P21 proceeded towards the office of the SDOP, Jagdalpur and delivered written information to the Reader of SDOP, Jagdalpur and took acknowledgement vide Ex.P1. All these proceedings were duly entered into Rojnamacha Sanha of Police Station Darbha vide Ex.P34C. Thereafter Inspector Mukesh Kumar Dhruw proceeded towards the spot along with staff members & witnesses and at about 6.30 a.m. truck bearing registration No.AB 07 X 3859 which was proceeded from Rajmahendri (A.P.) towards Raipur (CG) via Darbha, was stopped by the police and Inspector Mahendra Kumar Dhruw asked the names of the persons sitting in vehicle and in turn, three accused persons disclosed their names as Buchhiraju Indukuri (Appellant No.1), Yaham (Appellant No.2 and Madal Baji (Accused No.3 who died during the pendency of trial).

3. It is further case of the prosecution that investigating officer Mahendra Kumr Dhruw has informed the accused persons about their right conferred under Section 50 of the NDPS Act vide Ex. P-3 and consent of the accused persons were also recorded and thereafter vehicle was searched, in which psychotropic substance (later identified as Ganja) was recovered from the offending truck, in which 81 bags were recovered, covered by coconut plants which were 300 in numbers. Search panchnama (Ex.P5) was prepared and recovery panchnama (Ex.P6) was also prepared. After physical verification, it was found that the recovered substance was ganja. Identification panchnama of substance i.e. ganja was prepared vide Ex.P-7. Thereafter, said substance was weighed and weighed panchnama was prepared vide Ex. P9 and in total 24 quintal 68 kilogram ganja was recovered. Prior to that, verification panchnama of scale and weight used for the purpose of weighing the recovered ganja was also prepared vide Ex.P8. Samras panchnama (Ex.P-10) by taking 2