JUDGMENT :

S. PUJAHARI, J.

1. The appellants in this appeal call in question the judgment of conviction and order of sentence passed by the learned Addl. Sessions Judge-cum-Special Judge, Malkangiri in C.T. No.39 of 2007 holding the appellants guilty of charge under Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short “the Act”) and sentencing each of them to undergo R.I. for 10 years and to pay a fine of Rs.1,00,000/-, in default, to undergo R.I. for a further period of one year each.

2. The case of the prosecution is that on 16.01.2007, P.W.6, Ashok Kumar Seth, the S.I. of Excise (District Mobile) while patrolling near Spillway of Chitrakonda, Malkangiri received reliable information regarding illegal cultivation and possession of ‘Ganja’ by some culprits. To verify the information, P.W.6 accompanied with Superintendent of Excise in-charge-cum-Tahasildar, Chitrakonda, Radhaballav Patnaik (P.W.5), Constable of Excise – Nilamadhab Choudhury (P.W.3) and with other staff rushed to the spot where they noticed from a distance the appellants attempting to conceal their respective bags. P.W.6 as such proceeded to the spot and detained the appellants. H