( 1 ) THIS judgment will dispose of Crl. A. No. 23/89 and Crl. A. No. 166/88. The appellants in both these appeals were apprehended at the same time while travelling on a two wheeler scooter along with a third person.

( 2 ) VIDE two separate judgments/orders sentence dated 29. 1188/ 10 12. 88 the learned Addl. Sessions Judge, New Delhi convicted the appelignts under Section 21 of the Narcotic Durgs and Psychotropic Substances Act 1985 (hereinafter REFERRED TO to as the act ) and sentenced them to suffer rigorous imprisonment for ten years and also to pay a fine of Rs One lac or in default suffer further rigorous imprisonment for two years.

( 3 ) THE story of the prosecution is that for some days perior to 23. 12. 86 the police bad information that some persons used to supply heroin to their known parties by coming near Shivaji Restaurant at Bhagat Singb Marg, New Delhi. On 23. 12. 86 SI Surinder Singh was present in office of the Crime Branch at Police Headquarters when he received secret information that three persons will come on a two wheeler scooter at Shivaji Restaurant, Bhagat Singh Marg, and will deliver heroid to their respective parties at about 5. 30 P. M. On