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2021 Supreme(Pat) 1113

ASHWANI KUMAR SINGH, MADHURESH PRASAD
Ashok Kumar – Appellant
Versus
State of Bihar – Respondent


Advocates:
For the Appellant : M/s Devi Das Srivastava(in 1102); Shri Prakash Tiwari(in 1197); Shri Prakash Tiwari(in 1305).
For the Respondents: Mr. Abhimanyu Sharma(in 1102); Ms. Shashi Bala Verma (in 1197); Ajay Mishra(in 1305).

Ashwani Kumar Singh, J.—These appeals are directed against the judgment of conviction dated 25.07.2017 and the consequent order of sentence dated 26.07.2017 passed by the learned 1st Additional Sessions Judge-cum-Special Judge, N.D.P.S. Act, East Champaran, Motihari in N.D.P.S. Case No. 11 of 2014 arising out of Raxaul P.S. Case no. 26 of 2014 whereby and whereunder the appellants in these three appeals have been convicted under Section 20(b)(ii)(C) read with Section 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS Act’). They have been sentenced to undergo rigorous imprisonment for a term of 12 years and to pay a fine of Rs. 1 lac each and on default of payment of fine to further undergo rigorous imprisonment for a period of six months.

2. The prosecution case, in short, is that on 14.01.2014 at 10:10 AM, the informant Mukesh Kumar HC/GD, SSB 13th Battalion Bhelahi, received a piece of information from the Assistant Commandant, SSB regarding the movement of three riders on a Platina Motorcycle somewhere near College Road, Raxaul. Having received s

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