T.P.SINGH, S.N.JHA
Ashok Kumar Pal – Appellant
Versus
State Of Bihar – Respondent
S.N.Jha, J.
1. Two appellants have been convicted under Section 20 of the Narcotic Drugs and Psychotropic Sub-stances. Act, 1985 (in short, the NDPS Act) and sentenced to rigorous imprison-ment for 15 years and, further, fine of Rs. one lac or, in default, rigorous imprisonment for two years by the Third Additional Sessions Judge, West Champaran, Bettiah in Trial No. 15/99 arising out of Sugauli Rail P.S. Case No. 18/99.
2. The prosecution was set in motion on the fardbeyan of Sikandar Prasad, a constable of Sugauli G.R. Police Station on 9.8.99 at 2.30 A.M. recorded by S.I. Deepak Lal, Officer-in-charge, Motihari G.R. Police Station. Sikandar Prasad stated that in the night of 8/9.8.99 while he along with constable Barnwas Aihd was on platform duty of Sugauli Railway Station, he learnt through confidential information that smuggled goods were being carried in the third bogie from engine of train no. 530 down which was about,to arrive. After the train arrived both of them entered the bogie and started search. When he reached near the group of 4-5 suspects the train started moving. They made enquiry about the attache cases from the aforesaid persons who entered into altercat
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