JUDGEMENT

This criminal appeal has been preferred to challenge the judgment passed on 19.4.2023 by Special Judge (NDPS Act), Sagar, in Special Case SC NDPS No.01/2020. Under this judgment, appellants were convicted of the offence of Section 8 read with Section 20(b)(ii)(B) of NDPS Act for having in their illegal possession contraband (Ganja) and were sentenced to three years rigorous imprisonment with fine of Rs.5,000/- along with additional rigorous imprisonment of six months, in case of non-payment of fine.

2. Brief facts of the prosecution case are that on 29.8.2019, ASI J. S. Dhurve posted at Police Station, GRP, Sagar, received mukhbir soochna at around 2:20 a.m. regarding possession of illegal contraband with two passengers, who have deboarded the Utkal Express coming from Puri; he summoned two witnesses; prepared the mukhbir soochna Panchnama;

informed his superior officers by sending written report and also through wireless set and mobile; he proceeded for the spot along with his police team and the summoned witnesses; upon laying a seize, three persons were nabbed;

they were carrying individual bags; their identities were inquired about and they were informed about the mu