Md. Kasim vs State of Bihar - 2015 Supreme(Pat) 581

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2015 Supreme(Pat) 581

ASHWANI KUMAR SINGH
Md. Kasim – Appellant
Versus
State of Bihar – Respondent

Advocates:
Advocate Appeared:
For the Appellant : Mr. Radha Mohan Singh
For the Respondent: Mr. Sujeet Kumar Singh

JUDGMENT

This appeal on behalf of the appellant Md. Kasim is directed against the judgment of conviction dated 11.01.2012 and order of sentence dated 16.01.2012 passed by the learned 1st Additional Sessions Judge-cum-Special Judge, Saharsa in Special Case No. 07 of 2009 arising out of Birpur P.S. Case No. 97 of 2009, whereby and whereunder the appellant and nine others were convicted for the offences punishable under Sections 20-B and 23 of the Narcotic Drugs and Psychotropic Substances Act (For short the NDPS Act) and sentenced to undergo R.I. for ten years under Section 20-B and R.I. for ten years under Section 23 of the NDPS Act and to pay a fine of Rs. 1 lakh each for the offence under Section 20-B, and Rs. 1 lakh each for the offence under Section 23 of the NDPS Act, and in case of default of payment of fine, to undergo R.I. for a further period of three years. The sentences, however, have been directed to run concurrently.

2. The prosecution case, in brief, is that on 16.10.2009, while the informant Dinesh Kumar, Assistant Commandant, A-Company of 18th Batallion Sashastra Seema Bal (For the SSB), Birpur, Bihar and other personnel of SSB were deputed to keep vigil on Indo-Nepa