In challenge is the judgment and order of conviction and sentence dated 13.07.2009 passed by learned Special Judge, Kokrajhar in Special Case No. 5 of 2006 whereby and whereunder appellants namely, Sri Ramesh Sahu and Sri Harjeet Singh were convicted under Section 20(b)(ii)(C) of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short NDPS Act) and sentenced to suffer R.I for 10(ten) years and fine of Rs. 1 lakh in de­fault to suffer R/1 for 2(two) years each. The period of detention of the appellants in cus­tody during investigation/trial was directed to be set off from the substantive sentence of imprisonment

2. The impugned judgment and order of conviction and sentence is challenged by the appellants primarily on the following grounds:

(1) that the learned Trial Court committed grave error in law as well as on facts while convicting the appellants under Sec­tion 20(b)(ii)(C) without appreciating the evidence of record both oral and documentary in its proper perspective;

(2) that the learned Trial Court wrongly convicted the appellants holding that they were in conscious possession of the seized Ganja kept in the secret chamber of the truck. The learned Trial C