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2011 Supreme(Pat) 1175

RAJENDRA KUMAR MISHRA, SHYAM KISHORE SHARMA
Mintu Mahaton Son Of Late Dipa Mahato – Appellant
Versus
State Of Bihar – Respondent


JUDGEMENT

S.K.Sharma , J.

1. The sole appellant named above has preferred this appeal against the judgment of conviction and order of sentence dated 4.2.2009 and 9.2.2009 respectively passed in Trial No. 01 of 2003 by the learned Additional Sessions Judge, F.T.C. No. III, West Champaran, Betiah whereby he has been convicted for the offence punishable under Sections 20 and 23 of the Narcotic Drugs and Psychotropic Substance Act and has been sentenced to undergo rigorous imprisonment of 15 years and fine of rupees one lac on each counts and in default of payment of fine to further undergo rigorous imprisonment for three years on each 2 counts. However, it was ordered that the sentences shall run concurrently.

2. On the basis of self statement of Sub-Inspector of Police -cum- Officer Incharge of Sahodra Police Station dated 2.10.2002 a case vide Sahodra P.S. Case No. 49 of 2002 was registered against Mantu Mahto and Surendra Mahto with regard to an occurrence of 3.45 AM on 2.10.2002. The information was received by the informant at 3.00 AM on 2.10.2002 that Ganja was being kept by Mantu Mahto- appellant and Surendra Mahto. This secret information led the informant to proceed with the p














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