1. This criminal appeal is filed against the judgment dated 13.03.2009 passed by the Special Judge for NDPS Cases-cum-I Additional District and Sessions Judge, Ongole in S.C.No.21 of 2007.

2. The appellants were tried for the charge under Section 20(b)(ii)(c) read with Section 8(c) of NDPS Act by the learned Special Judge and found them guilty of the said charge. The first appellant/A1 was sentenced to undergo rigorous imprisonment for 20 years and to pay fine of Rs.1,00,000/- and the second appellant-A2 was sentenced to undergo rigorous imprisonment for 10 years and to pay fine of Rs.1,00,000/-.

3. Challenging the said order of conviction and sentence, the appellants filed the present appeal.

4. I have heard Sri M.Rathanga Pani Reddy, learned counsel appearing for the appellants and the learned Additional Public Prosecutor representing the State.

5. Shortly stated, the prosecution case is that on 26.02.2007 PW4-the Inspector of Prohibition and Excise, Task Force, Ongole on the instructions of the Superintendent of Prohibition and Excise was conducting vehicular check along with PW.3-Sub Inspector of Prohibition and Excise and staff on N.H.5 road in Tanguturu Village near Toll Plaza. It is said that the vehicular check was for the purpose of detecting prohibition and excise offences. At about 9.30 PM the checking party stopped private bus bearing No.AP-16/TW 2060 belonging to Kesineni Travels which was proceeding towards Bangalore from Vijayawada. PW.4-Inspector of Prohibition and Excise informed the driver of the said bus about the search and served on him the search proceedings under Section 165 of Cr.P.C covered under original of Ex.P.1(a). He secured the presence of PW.2-B.Lukaiah, toll gate employee, driver of the bus and PW1-cleaner of the bus. PW-1 took them as mediators and started searching the passengers and their luggage in the bus. The appellants/A1 and A2 were found in different seats having one bag underneath their seats. On suspicion PW.4 questioned as to the contents of the bags underneath the seats of the appellants which were at different places in the bus. The appellants admitted that the said bags were containing ganja. It was further disclosed by the appellants that they have more bags containing ganja which were placed in the left side of dickey of the bus. PW.4 opened the dickey and removed five more bags containing ganja in polythene bags packed in news papers. In all the seven bags, there was 69 kgs of ganja. On being questioned, the appellants disclosed that the first appellant purchased the ganja from unknown person at Paderu in Visakhapatnam District and engaged A2-second appellant on payment of Rs.1000/- to accompany him to Palamaneru for transporting ganja bags. PW.4 collected samples of 50 grams each from seven bags. The ganja bags were maked as MOs.1 to 7 before the trial Court and the samples were marked as MOs.8 to 14. They were duly packed and sealed and identification labels were affixed on the sample packets as well as ganja packets.

6. The search, seizure, taking of samples and arrest of the appellants, was done under Ex.P.9(b) mediatornama. The appellans and the contraband articles were brought to the excise police station. PW.5-the Prohibition and Excise Inspector, Ongole registered a case in P.R.No.177/06-07 under Section 8(c) read with 20(b) of the NDPS Act and issued Ex.P.10-FIR. Subsequently, after completing the investigation, charge sheet was laid against the appellants.

7. In the course of the trial before the learned Special Judge, the prosecution in order to establish its case, examined PWs.1 to 5, marked Exs.P.1 to P.11(c) and MOs 1 to 14. Ex.C.1 was marked by the Court. The learned Special Judge on consideration of the entire evidence on record convicted the appellants for the offence punishable under Section 20(b)(ii)(c) of the NDPS Act and sentenced them to punishment as mentioned above.

8. The point for consideration in this appeal is whether the conviction