Judgment :-

(SMT.) RANJANA PRAKASH DESAI, J.

1. Leave granted.

2. The challenge in this appeal, by special leave, is to the judgment of a learned Single Judge of the Andhra Pradesh High Court dismissing the criminal appeal filed by the appellant questioning the correctness of the judgment and order passed by the Ist Additional Sessions Judge, Guntur. By the said judgment, the appellant (original accused 3) and two others viz. Myla Rambabu and Myla Muralikrishna (original accused 1 and 2 respectively and for convenience, referred to as ‘A1’ and ‘A2’ respectively) were convicted for offences punishable under Section 8(c) read with Section 20(b)(i) of the Narcotic Drugs and Psychotropic Substances Act, 1985, (for short, ‘the NDPS Act’) and sentenced to undergo rigorous imprisonment for six months each and to pay a fine of Rs.5,000/- each. In default of payment of fine, they were directed to undergo simple imprisonment for six months each.

3. According to the prosecution, on 5/1/2001, PW-3 CI Koteswara Rao on receiving reliable information about illegal sale of Ganja at Koneru Bazar, Chenchupeta, Tenali, proceeded to Koneru Bazar along with PW-1 PC Shaik Khasim, PW-2 SI Nageswara Rao an