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2016 Supreme(Pat) 1040

GOPAL PRASAD
Hemant Kumar Singh – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the Appellants : Shri Prakash Tiwari, Anand Tiwari, Mahesh Prasad, Krishna Kant Singh and Anil Kumar Sinha.
For the Respondents: Mr. Abhay Kumar and Mr. Bipin Kumar.

JUDGMENT :

GOPAL PRASAD, J.

1. Heard the learned counsel for the appellants and the State.

2. Both these appeals have been heard together and are being disposed off by this common judgment as they arise out of same judgment order of conviction and sentence, recorded by the Additional District and Sessions Judge, I, East Champaran at Motihari, in N.D.P.S. Case No. 101 of 2011.

3. The appellants have been convicted under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985, and sentenced to undergo rigorous imprisonment for ten years and a fine of rupees one lakh and for non-payment of fine to undergo rigorous imprisonment for one year.

4. The prosecution case, as alleged in the first information report by the informant, Assistant Sub Inspector of Police, Baleshwar Kisku, Officer-in-Charge of Raxaul Police Station that he got secret information on 05.05.2011 at 08.00 A.M. that some persons are proceeding on foots with gunny bags like material on the head containing ganja. On the said information, the informant proceeded with the police force on jeep and reached at Mobile Tower, ahead Manokamnama Mandir of Laxmipur village, on N.H. 28A, then, saw two persons fleeing aw










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