JUDGMENT :

D.P. CHOUDHURY, J.

The captioned two appeals having being preferred out of a common judgment dated 28.7.2007 of conviction and sentence passed by the learned Sessions Judge-cum-Special Judge, Nabarangpur in Criminal Trial No. 92 of 2007 under section 20(b)(ii) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as “the N.D.P.S. Act) is hereby disposed of by this common judgment.

FACTS :

2. The factual matrix leading to case of the prosecution is that on 24.5.2007 at about 11.30 P.M. Sri N.C. Barik, Officer-in-Charge (O.I.C.), Kodinga Police Station on receipt of reliable information, proceeded with his staff to village Panarguda. On 25.5.2007 at early morning said O.I.C. along with the staff made raid to a cashew field and found that the accused persons-appellants were possessing 21 packets and one attaché giving smell of Ganja. Due to paucity of time he gave information to his superior Officer, complying Section 42 of the N.D.P.S. Act for making search and seizure of the accused persons. In compliance to Section 50 of the N.D.P.S. Act the concerned O.I.C. asked the accused persons in writing as to whether they would be searched in presence o