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2011 Supreme(Pat) 693

SHYAM KISHORE SHARMA, DINESH KUMAR SINGH
Laxhman Singh @ Lachman Singh – Appellant
Versus
State of Bihar – Respondent


Advocates:
For the Appellants : M/s Vikram Deo Singh, Ramesh Kumar Singh, Radha Mohan Singh, Sanjay Kumar Singh.
For the Union of India : Mr. Binay Kumar Pandey.

S. K. SHARMA & D. K. SINGH,JJ.:–The two appellants have challenged the judgment and order of conviction dated 03.03.2006 passed by the learned Ist Additional District & Sessions Judge-cum-Special Judge, Araria, in Special Case No. 04 of 2003/ Trial No. 04 of 2005 whereby the two appellants have been convicted under Section 20(b) (ii) (c) of the N.D.P.S.Act, 1985 and sentenced to undergo R. I. for twelve years and fine of Rs. One Lac each was imposed and in lieu of fine two years R.I. was awarded to the convicts. However, all sentences were directed to run concurrently.

2. For proper appreciation of grounds of appeal, the accusation in brief is necessary to be traced out.

On 23.04.2003 at about 11.00 hours, a specific information was received by Custom Inspector (P.W.2), Customs Division, Forbesganj, on telephone from coded informer that a Tank Lorry (Oil Tanker) bearing Registration no. ASO-1-6272 coming from Jogbani side is carrying contraband of Ganja, concealed in a specially created false cavity in the tanker and the said information was conveyed by the Custom Inspector to the superior officers of the Department.

3. On receiving the aforesaid information, a team of preventive offi









































































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