(1.) This appeal is preferred by the appellants assailing the judgement and order of conviction and sentence dated 30.08.2013 and 02.09.2013 respectively passed by the Learned Judge, Special Court (under NDPS Act)-cum-Additional Sessions Judge, 3rd Court, Malda, in Special Trial No. 02 of 2012 arising out of Special Case No. 57 of 2011. By virtue of the impugned judgement the appellants were found guilty of the offence punishable under Section 20(C) of the Narcotic Drugs and Psychotropic Substance Act, 1985 (hereinafter referred to as the NDPS Act) and accordingly convicted and sentenced to undergo rigorous imprisonment for 10 years each and to pay fine of Rs. one lakh each and in default to undergo simple imprisonment for two years each.
(2.) The prosecution case, in brief, is as follows:-
(3.) Thereafter observing legal formalities search was made and three bags containing Ganja measuring 11 Kg 600 gms., 10 Kg 600 gms. and 5 Kg 200 gms. respectively were found in the vehicle. On demand appellants could not produce any valid documents in support of possessing/carrying such huge quantity of ganja and also failed to produce any valid documents in respect of use of the said vehicle.
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