Appellants are accused in a special case in Spl.Case No.17/2012 which was pending on the file of Special Judge, Bidar. They have been convicted for the offences punishable under Sections 20(B)(ii)(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 read with Section 34, I.P.C. They have been sentenced to undergo RI for a period of 10 years each and to pay a fine of Rs.1,00,000/each, vide considered judgment of conviction and sentence dated 18.4.2015 and 22.4.2015 respectively. They are in judicial custody.

2. The present appeal filed under Section 374, Cr.P.C. is directed against the said judgment of conviction and sentence.

3. Mr.Anilkumar Navadagi, learned counsel representing the appellants and Mr.P.S.Patil, learned HCGP for the State have submitted arguments at length.

4. The facts leading to the trial conducted by the special judge, Bidar, are as follows:

a) The sub inspector of Halikhed police station, Bidar District, who is examined as PW-10, is stated to have received credible information on 27.11.2011 while he was in the police station that some persons had held ganja-illegally and they were attempting to sell the same near the railway bridge in the vicinity of BSSK Sugar Factory. Immediately PW-10 Suresh secured PW9 Dr.Nagnath Hulsure, Govt. medical officer and two independent panchasPW1 and PW2 along with his staff and came near the bridge in the vicinity of BSSK sugar factory at about 11.45 a.m. When they were waiting there, four persons were sitting on a motorcycle with bags. They were confronted by him and his staff.

b) On enquiry, they disclosed their names and identity. They were found possessing a plastic bag containing ganja and it was got weighed with the help of a spring scale. The total quantity possessed by them was 4.5 kgs.

c) The PSI collected 100 gms. for sample and put it in a cloth bag and sealed it in the presence of panchas so as to send it for chemical test. He is stated to have written panchanama in the presence of PW9 and other panchas and came back to the police station along with the contraband and submitted a report to the SHO and handed over the sample packet and seized ganja and also handed over the custody of the accused to the SHO.

d) The SHO, on receipt of the said report and panchanama, registered a case in Crime No.17/12 for the offences punishable under Section 20(B)(ii)(b) of the NDPS Act. The PSI conducted the entire investigation and chose to file charge sheet for the above offences. Consequent upon the charges being framed against the accused, they had pleaded not guilty and had claimed to be tried.

e) In order to bring home the guilt of the accused, prosecution has examined in all 12 witnesses and got marked 14 documents an 5 material objects. PW1 Bhimareddy and PW2 Rajkumar are independent witnesses to the seizure mahazar. They have not supported the prosecution case. PW3 Santosh is the man who weighed the ganja with the help of a scale. PW4 Sanjeevkumar is the photographer who is stated to have taken the photograph at the time of weighing ganjain the presence of panchas. PW5 was a member of the raiding party and was working in the police station. PW6 Bakappa was the SHO who received the report from PW1 and registered the case.

f) PW7 Khaja Hussain the PSI was is the IO who conducted the entire investigation and filed charge sheet. PW8 the head constable was in the raiding party. PW9 Dr.Nagnath Hulsure was the Govt. medical officer of Halikhed police station and had accompanied PW1 at the time of conducting raid. PW10 Suresh was the head of the raiding party. PW11 Veershetty was the police constable who handed over the cloth bag containing the sample ganjato FSL.

g) M.O.1 was cash of Rs.210/seized from the accused. M.O.2 was the motorcycle stated to have been held by the accused and 3 others. M.O.3 was the plastic bag containing 4.5 kgs. of ganja seized from the accused, M.O. was the towel and M.O.5 was the cloth bag containing sample ganja.

5. Mr.Anilkumar N