1. - This appeal has been filed by the accused-appellants against the judgment and order dated 19.3.1998 passed by the learned Sessions Judge, Pratapgarh in Sessions Case No. 162/94 by which he convicted both the accused-appellants for the offence under section 8/21 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter referred to as `the NDPS Act') and sentenced each of them to undergo ten years RI and to pay fine of Rs. one lac, in default of payment of fine, to further undergo six months' RI.

2. The facts giving rise to this appeal, in short, are as follows:-

Facts pertaining to accused-appellant No. 1-Shamin Khan

The case of the prosecution is that on 14.7.1994, PW 10 Prasan Kumar, Dy.S.P., Chouti Sadri received a secret information from Mukhbir to the effect that two persons had gone to village Ambawali for purchasing heroin and heroin would be sold to them by Shamin Khan (accused-appellant No. 1) near the bushes of tree near the field of Nanda Rawat. That information was reduced into writing by PW 10 Prasan Kumar and the same is Ex.P/ 25 and as per the secret information, PW 10 Prasan Kumar alongwith other police officials including PW5 Datar Singh, SHO