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2017 Supreme(Pat) 950

SAMARENDRA PRATAP SINGH, PRAKASH CHANDRA JAISWAL
Bhulan Das @ Bhulan Ravidas – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the Appellant : Mr. Dhirendra Kumar Sinha.
For the Respondent: Mr. A.K. Sinha.

JUDGMENT :

PRAKASH CHANDRA JAISWAL, J.

1. Both these appeals cropped up from the same Special Case No. 24 of 2009 have been heard together for final disposal.

2. Both these appeals have been preferred against the judgment of conviction dated 29.07.2011 and order of sentence dated 05.08.2011, passed by the learned Additional Sessions Judge-VII, Patna, whereby the appellants have been convicted under Section 20 (b)(ii)(c) and Section 25 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter in short referred as NDPS Act). The appellants have been sentenced for the offence under Section 20(b)(ii)(c) of the NDPS Act to undergo rigorous imprisonment for 15 years along with a fine of Rs. 1.5 lac each and in default of payment of fine to further undergo three years R.I. Both the convicts were further sentenced to undergo 15 years R.I. and slapped with a fine of Rs. 1.5 lac each under Section 25 of the NDPS Act and in default of payment of fine, to further undergo three years R.I. All the sentences were directed to run concurrently.

3. The prosecution case, in brief, is that on 25.03.2009 the informant, Hari Shankar Jha (PW-5) Sub-Inspector of Fatuha Police Station received secret





















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