PASKUL BEHERA AND ORS. Vs. STATE OF ORISSA

JUDGEMENT

(1.) The judgment dated 18.01.2010 passed by the learned Addl. Sessions Judge-cum-Special Judge, Rayagada in C.T. No.75 of 2008 convicting the present appellants in both the appeals under Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short "the N.D.P.S. Act") and sentencing each of them to undergo R.I. for a period of ten years and pay a fine of Rs.1 lakh, in default, to undergo R.I. for a further period of two years, is under challenge in both these appeals. For the sake of convenience, both the appeals are being disposed of by this common judgment.

(2.) Prosecution case, in substance, is as follows :-

(3.) Since the appellants pleaded not guilty to the charge, trial was held, in course of which the prosecution examined nine witnesses in toto and produced documentary evidence vide Exts.1 to 24. The samples of the seized substance were also produced during the trial vide M.Os.I to XI. The appellants adduced no evidence in defence.