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2010 Supreme(Pat) 2515

MRIDULA MISHRA, DHARNIDHAR JHA
Dipak Kumar – Appellant
Versus
State Of Bihar – Respondent


JUDGEMENT

Mridula Mishra and Dharnidhar Jha JJ.

1. The solitary appellant Dipak Kumar was put on trial by learned Additional Sessions Judge-VII, Patna, in Special Case No. 44 of 2007 by framing charge under Section 20(b)(ii)(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (N.D.P.S. Act for short) and by the judgment delivered on the 30th day of January, 2010, was found guilty of committing the said offence. After hearing the appellant on sentence on 8.2.2010, the learned Judge directed the appellant to suffer rigorous imprisonment for fifteen years as also to pay a fine of Rs. 1.5 lac, else, to undergo rigorous imprisonment for a further period of three years. The appellant has appealed against the said judgment of conviction and order of sentence through the present appeal.

2. P.W. 2, informant Krishna Kumar Singh addressed his written report to the learned Special Judge, under N.D.P.S. Act, Patna, and on that basis the police registered a case, vide Alamganj Police Station Case No. 260 of 2007. It was stated in the written report by P.W. 2 that he had received a secret information while he was on patrolling duty on 24.8.2007 at 7.30 a.m. that the appellant had retai

















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