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2018 Supreme(Pat) 728

ASHUTOSH KUMAR
Munna Mohammad – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the Appellant :Mr. Alok Kumar Chaudhary, Advocate. Mr. Klanand Jha, Advocate.
For the Respondent: Mr. Sujeet Kumar Singh (A.P.P.)

JUDGMENT :

ASHUTOSH KUMAR, J.

1. All the three appeals have been heard together and are being disposed of by this common judgment.

2. The appellants have been convicted under Sections 20(b)ii(c) and 23(c) of the Narcotic Drugs and Psychotropic Substances Act and appellant Munna Mohammad (Cr. App (SJ) No. 78 of 2016) has been additionally convicted under Section 25 of the N.D.P.S. Act apart from the aforesaid Sections. By judgment dated 21.12.2015 passed by the learned 1st Addition District and Sessions Judge, Motihari, East Champaran in N.D.P.S. Case No. 121 of 2012 and by order dated 23.12.2015, they have been sentenced to undergo R.I. for 10 years for each of the offences, to pay a fine of Rs. 1 lakh each and in default of payment of fine to further suffer R.I. for six months.

3. The appellants were found to be in possession of Charas, weighing about 12 Kilograms. All the appellants were found to be in possession of a number of packets containing Charas which they were carrying on their persons.

4. Chandeshwar Paswan (P.W. 7) who at the relevant time was the S.H.O. of Ramgarhwa Police Station lodged a self-statement on 10.10.2012 alleging that on 09.10.2012 at about 11 o’clock in the
























































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