JUDGMENT :

S. VISHWAJITH SHETTY, J.

1. The accused No. 1 in Special (NDPS) Case No. 09/2015, who has been convicted by the Court of Special Judge/Principal Sessions Judge, Vijayapura vide its judgment and order of conviction and sentence dated 11th January 2017 for the offence under Section 8(c) which is punishable under Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short “the NDPS Act”) and sentenced to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs. 1,00,000/- and in default of payment of fine to undergo simple imprisonment for one year, has approached this court in this appeal with a prayer to set aside the said judgment and order of conviction and sentence.

2. Brief facts of the case are:

On 26.02.2015 the complainant/PW-1 on receipt of a credible information that huge quantity of ganja was stored in the house of appellant, after informing his higher officers, at about 2.40 p.m. conducted a raid along with his staff and panch witnesses on the house of the appellant situated near Sadakibawadi and Secab School at Vijayapur. On seeing the raiding party, the appellant, who was allegedly present near the house and