JUDGMENT :

S.K. SAHOO, J.

The two appellants Biswanath Bisoi @ Harijan and Biren Mandal @ Birendra Mandal faced trial in the Court of the learned Addl. Sessions Judge-cum-Special Judge, Malkangiri in Criminal Trial. 114 of 2008 for the offence punishable under section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereafter ‘the N.D.P.S. Act’) on the accusation that on 07.12.2008 in between 8.00 a.m. to 3.00 p.m. at Govindapali near Balimela chawk, they were found in possession and transportation of 478 kgs. of contraband ganja without any authority and permit.

The learned Trial Court vide impugned judgment and order dated 29.03.2010 found both the appellants guilty under section 20(b)(ii)(C) of the N.D.P.S. Act and sentenced each of them to undergo R.I. for a period of ten years and also to pay a fine of Rs.2,00,000/- (rupees two lakhs only) each, in default of payment of fine, to undergo further R.I. for a period of two years each.

2. The prosecution case, in short, is that on 07.12.2008 P.W.4 Ashok Kumar Seth who was the S.I. of Excise, in charge District Mobile, Malkangiri along with other staff were performing patrolling duty on the road in between Govin