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1999 Supreme(Pat) 1110

N.N.SINGH
Ram Awtar Yadav – Appellant
Versus
State Of Bihar – Respondent


Judgment

N.N.Singh, J.

1. This appeal is directed against the judgment of conviction and order of sentence dated 4.9.1996 passed in Sessions Trial No. 1348 of 1989/3 of 1995 passed by the Sessions Judge, Madhubani by which he convicted this appellant under Sections 20(1)(b) and 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter to be referred as "the Act") and sentenced him under Section 22 of the Act to undergo rigorous imprisonment for ten years and to pay a fine of Rs. one lakh and in default to undergo simple imprisonment for two years. No separate sentence was passed under Section 20(1)(b) of the Act.

2. Briefly stated, the case of prosecution was that on getting secret information, Ugranand Mishra ASI raided the house of this appellant along with armed forces and made search in the appellants house in presence of two independent witnesses Chandeshwar Ram (PW 1) and Mangal Ram (PW 2). According to the prosecution case, 12 gunny bags filled with 67 bags of Nepali ganja were allegedly recovered from the house of this appellant, weight of which was 210.5 kilograms. A seizure-list (Ext, 3) was prepared over which the seizure list witnesses put their signatu





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