The appeal arises out of the judgment of conviction dated 26.03.2011 passed in D.R.I. Case No.18 of 2003 by the learned 7th Additional Sessions Judge-cum-Special Judge, NDPS Act, Muzaffarpur. The trial court after holding the appellant guilty by the aforesaid order passed the order of sentence on 30.03.2011.

2. The appellant, Birendra Kumar Sharma has been convicted under Section 20(b) and 23 of the NDPS Act, 1985(For short “the Act?) and has been sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs.1,00,000/- under Section 20(b) of the Act. In lieu of default of payment of fine, he has been further directed to undergo S.I. for one year. He has been sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs.1,00,000/- for the offence under Section 23 of the Act. In lieu of default of payment of fine, he has been further directed to undergo S.I. for one year. However, both the sentences have been ordered to run concurrently.

3. The prosecution case is based on a complaint filed by one Rakesh Ranjan, Intelligence Officer, Directorate of Revenue Intelligence, Muzaffarpur (for short “DRI”) on 01.10.2003 in the court of Sessions