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2016 Supreme(Pat) 1042

GOPAL PRASAD
Bhim Singh Son of Hareram Singh – Appellant
Versus
State of Bihar – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Uday Kumar, Advocate.
For the State : Mr. Z. Hoda, A.P.P.

JUDGMENT :

Heard learned counsel for the appellant and learned counsel for the State.

2. The appeal arises out of judgment of conviction and order of sentence 09.04.2014 passed by Sri Jagdish Prasad Mishra, the learned 2nd Additional Sessions Judge, Bhojpur, Arrah in N.D.P.S. Case No. 12 of 2011(arising out of Shahpur P.S. Case No. 120 of 2011) by which the appellant had been convicted for offence under Section 20(b)(ii) (C) of N.D.P.S. Act and sentenced to undergo rigorous imprisonment for ten years and payment of fine of Rs. 1,00,000/- and in default of payment of fine further sentenced to undergo rigorous imprisonment for two years.

3. The prosecution as alleged in the First Information Report that while the informant along with police party on patrolling party reached at Arauli bridge, then he received a secret information on mobile that a green colour pick up van loaded with plastic bucket containing Ganja going to Buxar for sale. On the said information, the informant reached at Billouti Chowk and remained there. At about 3.30 A.M. the vehicle passed through the Chowk then the said vehicle was chased and caught at gas godown. On the said vehicle except driver one person was sitt
















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