JUDGMENT :

1. As common question of law and facts are involved in both the appeals, they are heard analogously and are being disposed of by this common order.

2. These appeals are preferred under Section 374(2) of the Code of Criminal Procedure, 1973 against judgment dated 14.05.2001 passed by Special Judge (NDPS Act), Surguja (C.G.) in Special Criminal Case No. 20/2000, wherein the said court convicted both the appellants for commission of offence under Section 22 of Narcotic Drugs & Psychotropic Substances Act, 1985 (for short “the NDPS Act”) and sentenced them to undergo R.I. for 10 years each and fine of Rs. 1,00,000/- each with further default stipulations for having possession of contraband article brown sugar to the tune of 1 gm. 950 mg. & 1 gm. 340 mg., respectively on 16.07.2000 at 15:40 O'clock at Bramhapara, Ambikapur (C.G.)

3. The prosecution story, in brief, is that on 16.07.2000, Assistant Sub-Inspector-Bholanath Singh (PW-5) received secret information at about 3:40 p.m. that the appellants namely Raju Pandey & Asha Devi were selling brown sugar at Bramhapara in front of their residence. This information has been recorded in proforma-42 after preparing panchnama and bri