JUDGMENT :

S.Vishwajith Shetty, J.

These two appeals under Sections 374(2) of Cr.P.C arise out of judgment and order of conviction and sentence dated 29.09.2022 passed by the Court of the II Additional District and Sessions Judge, Bidar sitting at Basavakalyan in Special Case No.312/2021 and therefore the appeals are heard together and disposed of by this common judgment.

2. Heard the learned counsel for the parties.

3. It is the case of the prosecution that on 19.02.2019 at about 9.45 a.m., near Gate-I of Humnabad Bus Stand within the limits of Humnabad Police Station, accused Nos.1 and 2 were found illegally transporting the contraband article – ganja, which totally weighed 30 kilogram. The accused were apprehended and from their possession ganja weighing 30 kilograms was seized and subjected to panchanama. Thereafter, the seized contraband article and the apprehended accused were brought to the police station and FIR in Crime No.24/2019 was registered. After investigation, charge-sheet was filed against accused Nos.1 and 2 for the offences punishable under Sections 20(b)(ii), 20(B) and 20(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the