Biplab Kumar Sharma, J.

1. Both the appeals are against the judgment of conviction dated 20th May, 2013 of the learned Special Judge, Kamrup at Guwahati in Sessions (Special) Case No. 235(K)/2009, convicting the 3(three) accused/appellants under Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, "1985 Act") and under Section 29 of the said Act, respectively. Consequent upon such conviction, the appellants have been sentenced to rigorous imprisonment for 10 (ten) years with fine of Rs. 1,00,000/- (Rupees One Lakh), each, and in default further simple imprisonment of l(one) year. While the accused/appellant Sanju Khan @ Sanju Haque involved in Criminal Appeal No. 143/2013 has been convicted with the aforesaid sentence under Section20(b)(ii)(C) of the 1985 Act, the other 2(two) appellants, namely, Vika Achumi and Kibito Sumi alongwith another, namely, Tarun Mech, have been convicted for the offence under Section 29(1) read with Section 20(b)(ii)(C) of the said Act. Both the appeals have been heard analogously. While Ms. S.K. Nargis, learned counsel argued on behalf of the appellant, Sanju Khan @ Sanju Haque, involved in Criminal Appeal No. 143/2013, Mr. A.I. Uddin, learned counsel argued on behalf of the other 2(two) appellants, namely, Vika Achumi and Kibito Sumi, involved in Criminal Appeal No. 145/2013. Mr. D.C. Chakraborty, learned standing counsel, Central Excise & Customs argued on behalf of the respondents.

2. As the prosecution story goes, on receipt of specific information by the DRI Officials to the effect that in the early morning of 11th July, 2009, one olive green coloured Eicher truck bearing registration No. NL-11/6061 left Dimapur carrying more than 300 Kgs. of Manipuri Ganja concealed under the loads of bags of rice and rice husk with 6/7 persons wearing fake Army uniform for proceeding towards Calcutta via Jorabat, a team of Officers of DRI proceeded towards Jorabat to intercept the vehicle. At about 1300 hours while the said truck reached Jorabat, the DRI Officers signaled the truck to stop but the driver sped away towards Guwaahti. Immediately the DRI Officials alongwith the Assam Police personnel of Jorabat Police Station intercepted and seized the truck at 8th Mile, Jorabat at about 1:45 PM. On being enquired by the DRI Officials, the driver of the truck identified himself as Sanju Khan and confessed that the truck was loaded with Ganja and that there were other 6(six) occupants in the truck. He also admitted that they were coming from Dimapur for going to Calcutta. On being so informed, all the 6(six) occupants alongwith the driver were asked to come down from the truck and accordingly, all of them came down and surrendered before the Officers. They also handed over their identity cards and driving license etc. Thereafter, the DRI Officers in presence of appellant, Sanju Khan, and 2(two) independent witnesses searched to driver's cabin of the truck and recovered one.32 mm pistol fitted with Magazine and loaded with 6(six) rounds of ammunitions. They also recovered from the intercepted truck, huge quantities of Ganja blocks wrapped with polythene kept hidden under the load of bags of rice and rice husk and also in the artificially made secret chamber behind the driver's cabin. Accordingly, the DLR Officers took possession of the intercepted truck alongwith the recovered goods and took the truck alongwith the recovered articles and all the 7(seven) occupants to the Jorabat Police Station for further checking, weighment and completion of the required formalities, where the truck was unloaded with the help of some labours in presence of accused Sanju and 2(two) independent witnesses. There was recovery of 25 bags of rice; 30 bags of rice husk and 330 packets of Ganja wrapped with polythene and after weighing those, it was found that there were 1000 Kgs. of rice in 25 bags; 750 Kgs. of rice husks in 30 bags and 6427.90 Kgs. of Ganja in 330 packets.

3. With the afores