JUDGMENT :

S.K. SAHOO, J.

The appellant Lal Khan in JCRLA No. 58 of 2016 and appellant Amir Khan in CRLA No.693 of 2016 faced trial in the Court of learned Addl. Sessions Judge -cum-Special Judge, Jeypore in Criminal Trial No.47 of 2013 for offence punishable under section 20(b)(i) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereafter ‘N.D.P.S. Act’) on the accusation that on 30.01.2013 at about 6.30 a.m. near Chakde india Hotel Chowk on N.H.26 (Jeypore-Borigumma Road), they possessed 119 Kgs. 800 grams of Ganja in a Mini Truck bearing Regd. No.MP-42-G-0524 without any authority.

Both the appellants were found guilty of the offence charged by the learned trial Court and sentenced to undergo rigorous imprisonment for a period of ten years each and to pay a fine of Rs.1,00,000/-(rupees one lakh) each, in default, to undergo further rigorous imprisonment for a period of six months vide impugned judgment and order dated 01.07.2016/04.07.2016.

Since both the 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 c