JUDGMENT :

S.K. SAHOO, J.

The appellant Pramod Das in CRLA No.535 of 2016 and the appellants Pradeep Parida and Babaji Sahu in CRLA No.572 of 2016 faced trial in the Court of learned Special Judge, Gajapati, Parlakhemundi in G.R. Case No.31 of 2013 (T.R. No.14 of 2014) for offences punishable under sections 20(b)(ii)(C)/25/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereafter ‘N.D.P.S. Act’) on the accusation that on 08.10.2013 at about 11.30 a.m. at Chaptapanka chowk, they were found transporting 71 kgs. 60 grams of contraband ganja in three jari bags through a white colour Indica car bearing registration No.OR-05-Z-9076 without having any licence or authority and they were knowingly using the said car for transportation of ganja and were party to criminal conspiracy.

The learned trial Court vide impugned judgment and order dated 24.09.2016 held the appellants not guilty of the offence under section 29 of the N.D.P.S. Act but found them guilty under sections 20(b)(ii)(C)/25 of the N.D.P.S. Act and sentenced each of them 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 f