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