JUDGMENT :

S.K. Sahoo, J.

The appellant Amar @ Amarnath Naik faced trial in the Court of learned Sessions Judge -cum- Judge, Special Court, Sambalpur in T.R. No.10 of 2010 for offence punishable under section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereafter ‘N.D.P.S. Act’) on the accusation that on 29.04.2010 at about 5.25 a.m. near Birsa Munda Chowk, Ainthapali, he was found transporting 53 kgs. 950 grams of ganja which is of commercial quantity in contravention of the provisions of the N.D.P.S. Act.

The learned trial Court vide impugned judgment and order dated 17.04.2015 found the appellant guilty of the offence charged and sentenced him to undergo rigorous imprisonment for ten years and to pay a fine of Rs.1,00,000/- (rupees one lakh), in default, to undergo rigorous imprisonment for one year.

2. The prosecution case, as per the first information report lodged by P.W.10 Alakananda Sahu, S.I. of Police, Ainthapali police station is that on 29.04.2010 at about 4.40 a.m., she along with other police officials came to Birsa Munda Chowk, Ainthapali for regulation of traffic and reached there at 4.50 a.m. and the traffic problem was cleared and at about