Mr. M. Jeyapaul, J.: - This shall dispose of Criminal Appeal Nos. 631-DB and 694-DB of 2006 as the same have arisen out of same judgment.

2. Accused, Neeraj Kumar and Manoj Kumar, were convicted under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as ‘the 1985 Act’) and each of the two was sentenced to undergo rigorous imprisonment of 12 years and to pay a fine of Rs.1,00,000/- and in default of payment of fine, to further undergo rigorous imprisonment for a period of one year. Accused, Neeraj Kumar has preferred Criminal Appeal No. 631-DB of 2006 while accused Manoj Kumar has filed Criminal Appeal No. 694-DB of 2006.

3. The brief case of the prosecution is that on 9.1.2005, PW-7 SI Satpal Singh along with PW-5 ASI Prem Singh and other police officials proceeded towards Phoosgarh road for detection of crime. By then, he received a secret information at about 4.45 PM that the accused Neeraj Kumar and Manoj Kumar and one Hariom Pandit who was declared a proclaimed offender, were engaged in the process of transporting poppy straw in a plot near New Bal Bharti Public School, R.K.Puram, Karnal. Based on such information, PW-7 sen