JUDGMENT :

B.A. Patil, J.

1. The present appeal is preferred by accused Nos. 1 and 2, being aggrieved by the judgment and order of conviction and sentence passed by the learned II Additional Sessions and Special Judge at Mysuru in Special Case No. 85/2018, dated 12/15.10.2018.

2. I have heard the learned counsel for appellant-accused Nos. 1 and 2 and the learned HCGP for the respondent-State.

3. The gist of the complaint is that on the intervening night of 6.4.2016 and 7.4.2016, accused No. 1 being the driver and accused No. 2 being the owner of tipper Lorry bearing Regn. No. KA-45-8889, were illegally transporting the sand of 5.50 cubic meters from Lakshmana Thirtha river near Cholenahalli Village. When the said tipper lorry was intercepted, no explanation was given by the accused persons and the said lorry was seized by drawing a mahazar and a complaint has been registered. After completion of investigation, the charge sheet was filed. Thereafter, the Special Court took cognizance and secured the presence of the accused. After hearing both the sides the charge was framed, accused pleaded not guilty and claimed to be tried. As such the case was fixed for trial.

4. In order to prove its