JUDGMENT :

H.B. Prabhakara Sastry, J.

The appellants who were accused Nos.1, 2 and 3 before the learned Special Judge, Shivamogga, (hereinafter for brevity referred to as 'trial Court'), in Spl.(NDPS) Case No.13/2009, have challenged their order of conviction passed by the said Special Judge on 6.9.2010, for the offences punishable under Sections 8(c) read with Section 20 (b)(ii)(B) of Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter for brevity referred to as 'NDPS Act'), wherein the learned Special Judge by order dated 8.9.2010, sentenced the accused to undergo rigorous imprisonment for a period of five years and to pay fine of Rs.20,000/- and in default of payment of fine, to undergo rigorous imprisonment for a period of six months each.

2. The summary of the case of the prosecution is that on 21.7.2009, at about 9.00 a.m., PW-4 then Police Sub-Inspector, received an information that few people are illegally transporting ganja in an autorickshaw near Market yard in Shikaripura. Immediately, joined by his staff, which included Assistant Sub-Inspector and few Police Constables, he went near the place as given to him in information and noticed an autorickshaw bearing