JUDGMENT :

S. K. SAHOO, J.

The appellants faced trial in the Court of learned Addl. Sessions Judge -cum-Special Judge under N.D.P.S. Act, Khurda in T.R. Case No. 45/13 of 2008 for offence punishable under section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereafter “N.D.P.S. Act”) for illegal possession and transportation of 342 kgs. of ganja on 12.06.2008 at Balugaon on N.H.No.5 at about 6 p.m. to 6.15 p.m. in a TATA Safari Car bearing Registration No. OR-02-N-1368 in contravention of the provisions of the N.D.P.S. Act.

The appellants were found guilty of the said charge and were sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs.1,00,000/-(rupees one lakh) each, in default, to undergo rigorous imprisonment for two years.

2. It is the prosecution case that on 12.06.2008 at about 1.00 to 1.30 p.m. while P.W.4 Pradipta Ranjan Pattnayak, Inspector-in-Charge, E.I & E.B., Unit-I, Cuttack was performing patrol duty with other Excise staff at Balugaon Bazar area and checking suspected vehicles indulged in transporting excisable articles, he deputed two of the Excise Constables namely Rudra Charan Mohapatra and Pradeep Kumar Behera