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2004 Supreme(Pat) 192

B.N.P.SINGH
Kamendra Sao @ Ramashish Ram – Appellant
Versus
State Of Bihar – Respondent


Judgment

B.N.P.Singh, J.

1. For allegedly possessing 24 Kgs. of ganja a narcotic substance without licence, appellant was convicted by the Special Court constituted under the Narcotic Drugs and Psychotropic Substances Act, 1985 (For short #28;NDPS Act#29;) having been found guilty for the offence punishable under Sec. 20(b)(ii)(c) of the Act and was sentenced to undergo rigorous imprisonment for a term of ten years and also to pay a fine of Rs. one lakh and in default to pay fine, to further undergo rigorous imprisonment for a term of two years.

2. Factual matrix during patrolling, R.P.F. personnels, Buxar, noticed on 17th April, 2001, a person sitting on eastern flank of railway station at Tudiganj with suspected posture, with a cartoon. The police officials became sus-picious and they examined the person, the appellant, who disclosed his identity as Kamendra Sah alias Ramashish Ram, and when the cartoon was checked, they found 4 packets containing 28 Kgs. of illicit ganja for which the appellant failed to make satisfactory explanation for its unauthorised possession. The illicit article was eventually seized for which a seizure memo was prepared. As Pushkar Nath Singh Sanjay, Sub-



















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