Per Ramesh Sinha, Chief Justice

1. Since both these appeals arise from the same judgment dated 02.02.2024 passed in Special Criminal Case (NDPS Act) No. H-18/2022 by the learned trial Court, they are being decided by this common judgment.

2. The present appeals have been filed by the appellants under Section 374(2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as “Cr.P.C.”) against the impugned judgment of conviction and sentence dated 02.02.2024, passed by the Special Judge (NDPS Act), Mahasamund (C.G.), in Special Criminal Case (NDPS Act) No. H-18/2022, whereby the appellants have been convicted for the offence under Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as “the NDPS Act”) and sentenced to undergo rigorous imprisonment for 20 years with a fine of Rs. 2,00,000/-; in default of payment of the fine, to undergo further rigorous imprisonment for 1 year.

3. Brief facts of the case are that on 08.01.2022, when Shiv Kumar Prasad PW-12 ASI of police, posted at Police Station Komakhan, was in patrolling along with the other police staff. When they reached near village Patrapali, they received secret information that one Eicher truck bearing registration No. HR 74 A 6560 in which two persons are there transporting Ganja under the scrape loaded in it and they are coming from Orissa. The secret information panchnama was prepared by police and they reached near Temarinaka which was the suspected place. After some time they found one Eicher truck No. HR 74 A 6560 coming there and when they stopped the said mini truck the persons occupied the vehicle disclosed their name that Rizwan Sakka and Nijakat Sakka. On being search of their vehicle it was found that under the scrape material the appellants transporting 28 pink colour bags contained with Ganja. The contents were homogenized on the spot and two sample of 50 gram were separated. The said contents were identified by its smell, rubbing and test and it was identified to be of Ganja. Weighment witness Vijay Kumar Nirala PW-5 was called and after its weighment the total quantity of Ganja was found to be of 700 kg. which were kept in 28 bags having 25 kg. in each bag. Two other sample of 100 gram were separated from the seized Ganja and the seizure memo of Ganja, its sample packets, and seizure of mini truck bearing registration No. HR 74 A 6560, two mobile phones, 3500 kg. aluminum mixed scrape, 4030 kg. E-waste scrape, cash of Rs.5,500/- along with the documents have been made from the accused persons. Spot map has been prepared and the accused persons have been arrested. The FIR under Section 20(b) of the NDPS Act has been registered and the details of the proceeding were forwarded to the senior police official. The seized sample of Ganja were sent for its FSL examination to FSL, Raipur from where FSL report Ex.-P/62 was received and it was confirmed that the sample packets contained with Ganja. Inventory of the proceeding was also conducted by the Executive Magistrate and after completion of usual investigation charge sheet was filed against the appellants/accused persons before the learned trial Court for the offence under Section 20(b) of the NDPS Act.

4. The learned trial Court has framed charge against the appellants for the offence under Section 20(b)(ii)(C) of the NDPS Act. The appellants denied the charges and claimed trial.

5. In order to establish the charge against the appellants the prosecution has examined as many as 13 witnesses. Statement of the appellants under Section 313 of the Cr.P.C. have also been recorded in which they denied the circumstance appeared against him, pleaded innocence and have submitted that they have been falsely implicated in the offence.

6. After appreciation of oral as well as documentary evidence led by the prosecution the learned trial Court has convicted the appellants and sentenced them as mentioned in the earlier part of this judgment. Hence this appeal.

7. L