Judgment

S.K. Mishra, J.

The appellants assail the judgment dated 22.12.2007 passed by learned Addl. Sessions Judge-cum-Special Judge, Bargarh, in C.T. Case No.166/2006 convicting them for the offence under Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the “Act” for brevity) and sentencing each of them to undergo R.I. for ten years and to pay a find of Rs.1,00,000/- each in default to undergo R.I. for a further period of one year.

2. The prosecution case as revealed from the record may be stated succinctly as follows:-

On December 18, 2008 at 4.00 P.M. a secret message was received by Sub-Inspector of Excise, District Mobile, Bargarh Shri Jyotirmay Patel (P.W.1) that ganja was being transported in a silver colour Indica Car bearing Regn. No.0R-07-E-4411 which was coming towards Bhatli road, Bargarh Town. The information was reduced by P.W.1 into writing. He sent a copy thereof to his immediate superior authority, viz. to the Inspector of Excise Bargarh as per Ext.18 and thereafter proceeded towards the spot where the car was expected to come. On reaching the spot, the raiding party found a Indica car bearing the aforesaid r