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2018 Supreme(Pat) 1791

ASHUTOSH KUMAR
Devendra Mahto @ D. Marka – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the Appellants : Mr. Mukesh Kumar, (in 2172, 2220); M/s Manish Kumar, Rohit Kumar, (in 2493).
For the State : Mr. Zeyaul Hoda, (in 2172); Mr. Binod Bihari Singh, (in 222); Mr. Sujit Kumar Singh, (in 2493).

Ashutosh Kumar, J. – All the appeals have been heard together and are being disposed of by this common judgment.

2. The appellants have been convicted for the offences under Sections 401 and 414/34 of the Indian Penal Code and Sections 21 and 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 by judgment dated 13.06.2017, passed by the learned Special Judge, N.D.P.S. Act, Samastipur in Case No. 1501 of 2016, arising out of Samastipur Rail P.S. Case No. 69 of 2015 (N.D.P.S. Case No. 01 of 2016), and by order dated 16.06.2017, they have been sentenced to undergo rigorous imprisonment for seven years, to pay a fine of Rs. 50,000/- each and in default of payment of fine, to further suffer rigorous imprisonment for six months for the offence under Section 401 of the I.P.C.; rigorous imprisonment for three years, to pay a fine of Rs. 50,000/- each and in default of payment of fine, to further suffer rigorous imprisonment for six months for the offence under Section 414 of the I.P.C. and rigorous imprisonment for ten years, to pay a fine of Rs. 1,00,000/- each and in default of payment of fine, to further suffer rigorous imprisonment for one year for the offences under Sections

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