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2012 Supreme(Pat) 1662

ASHWANI KUMAR SINGH
Jaikal Devi – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
Mr. Madhusudan Kumar, For the Appellant; Mr. Ajay Mishra, For the Respondent.

Ashwani Kumar Singh, J. – By judgment dated 20.4.2010 and order dated 21.4.2010 passed in Gaighat P.S. Case No. 122 of 2008 corresponding to T.R. No. 1 of 2010, the learned Additional Sessions Judge-IV, Muzaffarpur, convicted the appellants under Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as “the Act”) and sentenced them to undergo rigorous imprisonment for ten years with a fine of Rs. 1,00,000/- each and in default of payment of fine, they have been directed to further undergo simple imprisonment for ten months. The aforesaid judgment and order are under challenge in the present appeal.

2. The prosecution case is based on the self-statement of the Officer-in-Charge, Gaighat Police Station, recorded on 10.6.2008 at 11.30 a.m. in village-Beruwa in which he states that on the same date at about 9.30 a.m. he received a confidential information that Ganja was kept in the house of appellant no. 2 Umesh Ram. He entered the said information in the station diary and in order to verify the genuineness of the information, he proceeded along with the police party to village-Beruwa. At about 10 a.m., they reached to the house of the appel

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