JUDGMENT :

S. Vishwajith Shetty, J.

1. Accused Nos.1 and 2 are before this Court in this appeal filed under Section 374(2) of Cr.P.C. with a prayer to set-aside the judgment and order of conviction dated 04.07.2016 and order on sentence dated 08.07.2016 passed in Special Case No.64/2012 by the Court of II Additional District and Sessions Judge, Belagavi, for offences punishable under Section 20 (b)(ii)(B) of the NDPS Act, 1985.

2. Heard the learned counsel for the parties.

3. It is the case of the prosecution that PW5 - Anil Kumar received credible information on 02.11.2011 at about 02.15 p.m. that accused were holding a bag containing contraband article allegedly ganja and were trying to sell the same near a mango garden at Jaganur Village within the jurisdiction of Chikkodi Police Station. PW5, therefore, after obtaining necessary permission from his higher officers had conducted a raid to the alleged spot along with the staff and independent panchas and apprehended accused Nos.1 and 2 from the alleged spot and from their possession, contraband article allegedly ganja totally weighing 1 kg 500 grams was seized under panchanama. On enquiry, the accused allegedly admitted that they ha