P.K. Musahary, J.

1. This appeal is against the judgment and order dated 21.6.07 rendered by the learned Special Judge, Darrang, Mangaldoi in Special (N) Case No. 10/04 whereby the appellants were convicted under Section 20(b)(ii)(C) of the NDPS Act and sentenced to undergo R.I. for 10 years with fine of Rs. I lac (Rupees one lakh) each, in default, R.I. for 2 years each. The appellants are presently serving sentence and they have preferred this appeal from jail through jail authority. Briefly stated, the facts of the case are as follows :

While S.I., B.S. Tiwari, Officer Commanding, E/96 Bn., CRPF, Camp, Harisinga under P.S. Paneri, along with staff, was patrolling and conducting special operation on 17.12.2003 at 10 P.M. at Charali near village Ghagra under Harisinga Police outpost, the convict appellants were caught red handed with about 40 kgs. of ganja. Both of them were handed over to the police along with ganja recovered from them. The said ganja was seized by police from the possession of the convict appellants, sample was drawn and sent to FSL at Kahilipara in Guwahati for examination. The sample sent tested positive and a report was received from the FSL. On receipt