Harbans Lal, J.

1. This judgment shall dispose of Criminal Appeal No. 1452 SB of 2004 filed by Pritam Singh accused and Criminal Appeal No. 2052 SB of 2004 moved by Kulwant Singh having arisen out of the judgment/order of sentence dated 8.4.2004 passed by the court of learned Additional Sessions Judge, Panipat (Special Judge under the Narcotic Drugs and Psychotropic Substances Act, 1985) vide which she convicted and sentenced both the accused to undergo rigorous imprisonment for a period of 10 years and to pay a fine of Rs. 1.00 lac each under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity the Act) and in default of payment of fine, the defaulter to further undergo rigorous imprisonment for 2 =years.

2. Shortly put, facts of the prosecution case are that on 22.8.1999 Rajinder Singh Inspector-SHO of Police Station City, Panipat amongst other police officials happened to be present near the outer gate of bus stand, Panipat in connection with the investigation of a criminal case. Constables Shyam Lal and Sewa Singh were also associated. Meanwhile, the accused Pritam Singh and Kulwant Singh carrying a gunny bag were spotted approaching from