JUDGMENT

S.K. Sahoo, J. - The appellant Pradeep Panda and Raghunath Sahu faced trial for the offence punishable under section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereafter 'N.D.P.S. Act') along with co-accused Kiran Kumar Pati who was separately charged for the offence under section 20(b)(ii)(C) read with section 25 of the N.D.P.S. Act in the Court of the learned 3rd Addl. Sessions Judge -cum- Special Judge, Berhampur, Ganjam in 2(a) C.C. Case No. 20/2012(N)/T.R. No. 22 of 2015 on the accusation that on 04.06.2012 at about 5.30 a.m., both the appellants were found in conscious possession of 220 kilograms of ganja (cannabis) and transporting the same in a Tata Indica car bearing registration No.OR-02W-5419 without having any authority or licence to possess the same and the co- accused Kiran Kumar Pati being the owner of the said car knowingly permitted the appellants to use the car for commission of transporting ganja in contravention of the provisions of the N.D.P.S. Act.

The learned trial Court vide impugned judgment and order dated 04.11.2016 while acquitting the co-accused Kiran Kumar Pati of all the charges, found the appellant guilty of the