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C.K.PRASAD, ANWAR AHMAD
Sameer Das – Appellant
Versus
Union of India – Respondent


Counsel for the Parties:
For the Appellants:Radhey Shyam Prasad, Praveen Kr. Agarwal, Rajesh Kumar, N.K. Agarwal, Sr. Adv., J.P. Bhagat, D.N. Tiwari, K.C.K. Sinha, Advocates
For the Respondent:Sarvadeo Singh, Advocate.

JUDGMENT

Chandramauli Kr. Prasad, J.—Both the appeals arise out of the same judgment and as such, they were heard together and are being disposed of by this common judgment.

2. Sameer Das and Bipul Sharma (Appellants in Cr. Appeal No. 342 of 2006) and Amarjeet Singh and Jagir Singh (Appellants in Cr. Appeal No. 409 of 2006), being aggrieved by the judgment dated 27th of February, 2006 and order dated 28th of February, 2006 passed by the Special Judge, Purnea in Special Case No. 1 of 2001 holding them guilty of offences under Section 20(b)(ii)(c) of the Narcotic Drugs and Psychotropic Substances Act and inflicting punishment of rigorous imprisonment for 12 years and fine of Rs. 1 lac. each in default to further undergo simple imprisonment for six months, have preferred these appeals.

3. According to the allegation, on receipt of a telephonic message by the Assistant Commissioner of Custom (Preventive), Forbesganj that contraband ganja is being transported along with jute in a truck to Kolkata via Kishanganj, a preventive team under the leadership of the Superintendent, Custom (Technical), Forbesganj was constituted to intercept the truck. Aforesaid information was also forwarded to

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