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2017 Supreme(SC) 1295

R.K.AGRAWAL, NAVIN SINHA
Gorakh Nath Prasad – Appellant
Versus
State of Bihar – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Shantanu Sagar
For the Respondent: Mr. Gopal Singh, Ms. Vimla Sinha, Mr. Rituraj Biswas, Mr. Manish Kumar, Mr. Praanab Prakash, Mr. Shivam Singh, Mr. Aditya Raina, Mr. Shreyas Jain, Mr. Kumar Milind, Ms. Ambika Gautam

JUDGMENT :

Navin Sinha, J.

Leave granted.

2. The Appellant assails his conviction and sentence under Section 20(b)(ii)(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, “NDPS Act”), for fifteen years, arising out of Dehri P.S. Case No.216 of 2009 by the Additional Sessions Judge Vth, Rohtas at Sasaram, affirmed by the High Court.

3. The police on information received, are stated to have raided the house of the appellant on 16.05.2009 leading to recovery of 59 kilograms of “Ganja”. The Additional Sessions Judge held that the FSL Report, Exhibit 8, confirmed that the seized material was Ganja. The search and seizure was in accordance with Sections 42 and 50 of the NDPS Act. The High Court declined interference with the conviction.

4. We have heard Shri Nagendra Rai, learned Senior Counsel for the Appellant and Shri Manish Kumar, learned counsel for the State, at length. Though several arguments have been raised by the parties to assail the conviction and in support of the same, it is not considered necessary to deal with all of them since the present appeal can be decided on a single issue alone.

5. PW-1, Brij Nandan Mehta, the S.H.O. of Dehri (T) Police Station, wh









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