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2022 Supreme(Pat) 56

ASHWANI KUMAR SINGH, RAJEEV RANJAN PRASAD
Lakshaman Mahto S/o Late Bhanu Mahto – Appellant
Versus
State Of Bihar – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Shri Prakash Tiwari, Advocate
For the Respondent: Mr.Ajay Mishra, APP

JUDGMENT :

ASHWANI KUMAR SINGH, J.

Heard Mr. Shri Prakash Tiwari, learned counsel for the appellant and Mr. Ajay Mishra, learned Additional Public Prosecutor for the State through video conferencing.

2. This appeal is directed against the judgment of conviction and order of sentence dated 27.02.2016 and 29.02.2016 respectively passed by the learned 1st Additional Sessions Judge, East Champaran, Motihari in N.D.P.S. Case No. 48 of 2012 arising out of Raxaul P.S. Case No. 92 of 2012 whereby and whereunder the appellant has been convicted under Section 20(b)(ii)(C) of the Narcotics Drugs and Psychotropic Substances Act, 1985 (for short ‘N.D.P.S. Act’) and sentenced to undergo rigorous imprisonment for a term of 11 years and to pay a fine of Rs.1,10,000/-and on default of payment of fine to further undergo rigorous imprisonment for one year. He has further been held guilty for the offence under Section 23(c) of the N.D.P.S. Act and sentenced to undergo rigorous imprisonment for a term of 10 years and to pay a fine of Rs. 1,00,000/-and in default of payment of fine to further undergo rigorous imprisonment for one year. Both the sentences have been ordered to run concurrently.

3. The prosecu

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