JUDGMENT :

S.K. Sahoo, J.

1. The appellants Basanta Kumar Pradhan and Susanta Kumar Sahu faced trial in the Court of the learned Addl. Sessions Judge-cum-Judge, Special Court, Gajapati at Parlakhemundi in G.R. Case No. 114 of 2008 (T.R. 2/2008) for the offences punishable under section 20 (b) (ii) (C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereafter 'the N.D.P.S. Act') and sections 177 and 181 of the Motor Vehicles Act, 1988.

The learned Trial Court vide impugned judgment and order dated 06.11.2010 found both the appellants guilty under section 20 (b) (ii) (C) of the N.D.P.S. Act. The learned Trial Court held that the prosecution has failed to establish the charge under section 177 of the Motor Vehicles Act against both the appellants so also charge under section 181 of the Motor Vehicles Act against the appellant No. 1 Basanta Kumar Pradhan. However, the learned Trial Court held that the prosecution has proved the charge under section 181 of the Motor Vehicles Act against the appellant No. 2 Susanta Kumar Sahu.

Both the appellants were sentenced to undergo R.I. for ten years and to pay a fine of Rs. 1,00,000/- (rupees one lakh), in default, to suffer R.I. for two years more for the offence under section 20 (b) (ii) (C) of the N.D.P.S. Act. The appellant No. 2 Susanta Kumar Sahu was sentenced to pay a fine of Rs. 500/- (rupees five hundred), in default, to suffer S.I. for one month for the offence under section 181 of the Motor Vehicles Act.

2. The prosecution case, as per the first information report lodged by Abhimanyu Parida (P.W.8), in-charge of Chandragiri outpost before the Inspector-in-charge of Mohana Police Station on 01.05.2008 is that on that day at about 5 p.m. while he along with constable Gouranga Chandra Pradhan (P.W.2) and home guard Radhakanta Baliarsingh (P.W.5) were performing motor vehicle checking near R.I. office on Mohana-Parlakhemundi road (S.H. 34), he found one Indica Car bearing registration No. OR-02-AP-6080 was coming from Dhadiamba side. At that time, he was checking another vehicle bearing registration No. OR-07-F-7181 which was been driven by Sibaram Mohapatra (P.W.6) of Chandragiri Patra Sahi. On verification of the Indica Car, P.W.8 found that apart from the driver, another person was sitting on the front seat of the car and on verification of the car in presence of the witnesses and staff, he found that seven numbers of gunny bags containing ganja were kept on the back side seat of the said car. On being asked, the driver of the Indica Car disclosed his identity as Basanta Kumar Pradhan (appellant No. 1) of village-Sorada, P.S.-Nuagaon, District-Nayagarh and the another person sitting on the front seat of the car disclosed his identity as Susanta Kumar Sahu (appellant No. 2) of village-Lunisara, P.S.-Nuagaon, District-Nayagarh.

On verification of the R.C. book, P.W.8 found that the said car stands in the name of wife of Hemanta Kumar Jena, plot No. 1324/2554, Khalakhia, Baidyanath Lane, Old Town, Bhubaneswar. The driver failed to produce his driving license. Neither the driver nor the occupant of the Indica Car could produce any authority for possession and transportation of ganja. Both the appellants disclosed to have procured the ganja from village Sinkudi padar to deliver it at Bhubaneswar.

It is the further prosecution case that P.W.8 took both the appellants as well as Indica Car with seven bags of ganja to Chandragiri outpost and asked the driver Sibaram Mohapara (P.W.6) of other vehicle to come to the police outpost. Then, he contacted the Inspector-in-charge over the V.H.F. and prepared the first information report (Ext. 6) in the outpost.

On receipt of the written report of P.W.8, Inspector in-charge of Mohana Police Station, Rama Chandra Thamba registered Mohana P.S. Case No. 42 dated 01.05.2008 under section 20 (b) (ii) (C) of the N.D.P.S. Act and sections 177 and 181 of the Motor Vehicles Act and directed P.W.10 Dandapani Behera who was the Sub-Inspector of Police at