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2022 Supreme(Pat) 23

ASHWANI KUMAR SINGH, ARVIND SRIVASTAVA
Jagat Prasad S/o Ram Jiwan Prasad – Appellant
Versus
State of Bihar – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Nafisuzzoha, Advocate
For the Respondent: Dr. Mayanand Jha, APP, Mr. Manoj Kumar Singh, CGC

JUDGMENT :

Ashwani Kumar Singh, J.

This appeal is directed against the judgment dated 02.07.2016 and the order dated 15.07.2016 passed by the learned Additional Sessions Judge-VII, Patna in Special Case No. 09 of 2013/ N.C.B No. 53 of 2013 whereby and whereunder, the appellant has been convicted for the offence punishable under Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS Act’) and consequently sentenced to undergo rigorous imprisonment for thirteen years and to pay a fine of Rs. 1 lac and in default to undergo rigorous imprisonment for a further period of two and a half years.

2. According to the prosecution case, on 26.02.2013, one Rohit Srivastava, an Intelligence Officer of Narcotics Control Bureau (for short ‘NCB’), Patna Zonal Unit, Patna seized 25.450 kilograms of dark brown coloured semi solid resinous substance believed to be charas from the appellant near Mithapur Bus stand. His statement was recorded under Section 67 of the NDPS Act in which he confessed his involvement in the trafficking of contraband believed to b

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