JUDGMENT :

S.K. SAHOO, J.

The appellants Sibaram Swain (Crl. A. No.580 of 2013) and Ratnakar Swain (Crl. A. No.44 of 2014) faced trial in the Court of learned Sessions Judge-cum-Special Judge, Ganjam, Berhampur in 2(a) C.C. No.11 of 2011(N) for offence punishable under section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereafter 'N.D.P.S. Act'). They were found guilty by the learned trial Court of the offence charged and sentenced to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs.1,00,000/- (rupees one lakh), in default, to undergo further rigorous imprisonment for a period of one year vide impugned judgment and order dated 27.11.2013.

Since both the criminal appeals arise out of one common judgment and order of conviction, with the consent of learned counsel for the respective parties, those were heard analogously and disposed of by this common judgment.

2. The prosecution case, in short, is that Sri Sarat Chandra Bhanja (P.W.3), Sub-Inspector of Excise, E.I. & E.B., Unit-II (S.D.), Berhampur received a credible telephonic information on 04.07.2011 at about 6.00 a.m. about transportation of Ganja in an auto rickshaw near