A.V. CHANDRASHEKARA, J.

1. First accused of a criminal case bearing Spl. Case No. 1 of 2011, which was pending on the file of the Court of District and Sessions/Special Judge, Yadgiri, has filed this appeal under Section 374(2) of Cr. P.C. Accused has been found guilty of offence under Section 8 of N.D.P.S. Act punishable under Section 20 of the said Act, 1995. He is sentenced to undergo rigorous imprisonment of 10 years and also to pay a fine of Rs. 1.00 Lakh vide judgment dated 25.07.2011. The conviction judgment dated 22.07.2011 and sentence of imprisonment on 25.07.2011, are called in question before this Court.

2. The facts leading to the following of this case are as follows:

On receipt of a credible information on 11.10.2010 at about 5.30 p.m., PW.1 the Excise Inspector, Shahapur together with Deputy Commissioner of Excise, Gulbarga and his staff and two panchas searched the house of accused No. 2/Mahammedsab situated at Vidya Nagar, Shahapur. The first accused was stated to be residing in the house of second accused at the time of the said raid. Accused No. 1 was very much present in the house and on search of his house, he was found to be in possession of 4 plasti