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BIRENDRA KUMAR
Sanjay Kamkar – Appellant
Versus
State of Bihar – Respondent


Advocates:
Counsel for the Parties:
For the Appellant:Mr. Sada Nand Roy, Advocate
For the Respondent: Mr. Zeyaul Hoda, APP

JUDGMENT (CAV)

Birendra Kumar, J.—The sole appellant Sanjay Kamkar @ Sanjay Kumar faced trial along with co-convict Ganesh Prasad in N.D.P.S. Case No. 04 of 2014 arising out of Brahmpur P.S. Case No. 76 of 2014. The appellant above named was found guilty for offences under Section 20(b)(ii)(C) and under Section 27 (A) of the Narcotic Drugs and Psychotropic Substances Act, 1985. The learned trial Judge awarded 10 years rigorous imprisonment along with fine of Rs. 1 lac under both the heads aforesaid and in default of payment of fine simple imprisonment of three months was awarded. The sentences were ordered to run concurrently. The Judgment of conviction and order of sentence dated 22.02.2019 is under challenge in this appeal.

2. The prosecution case as disclosed in self statement of Mr. Sarvesh Kumar Singh (PW-11), the Inspector of Police (Brahmpur Police Station) is that on 27.03.2014 at about 09:15 A.M., confidential information was received that the appellant, resident of village -Nimej under the same police station is engaged in purchase and sale of ganja (opium) and is hiding ganja in his house. The informant lodged station diary entry no. 688 of 2014 and as per direction o

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