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2023 Supreme(Pat) 337

ASHUTOSH KUMAR, SHAILENDRA SINGH
Dharmendra Kumar Singh @ Dharmendra Singh – Appellant
Versus
State of Bihar – Respondent


Advocates:
For the Appellant : M/s S.P. Tiwary, Surya Nilambri, Amicus
For the Respondent: Mr. Sri Dilip Kumar Sinha.

Ashutosh Kumar, J.—Heard Ms. Surya Nilambri, the learned counsel for the appellant and Mr. Dilip Kumar Sinha, the learned APP for the State.

2. We have been very ably assisted by Ms. Surya Nilambri, the learned Amicus.

3. The sole appellant stands convicted under Section 20(b)(ii)(c) read with Section 29 of the N.D.P.S Act, 1985 and has been sentenced to undergo R.I. for 14 years, to pay fine of Rs. One Lakh and in default of payment of fine to further undergo imprisonment for six months.

4. The appellant stood charged under Section 20(b) (c)(ii)/29 and 23C with the aid of Section 29 of the N.D.P.S. Act, 1985. However, at the trial, he was not convicted for the offence under Section 20(c) of the N.D.P.S. Act. For Section 29 of the N.D.P.S. Act, 1985, no punishment has been awarded to him.

5. On the self statement of PW5 /Amitesh Kumar, who at the relevant time was S.H.O. Palanwa police station in the district of East Champaran, a case vide Palanwa P.S. Case No. 86/12 dated 29.07.2012 was registered for the offences under Sections 20(b), 22, 23 and 24 of the N.D.P.S. Act. In his self statement, PW5 has alleged that on 29.07.2012, he secretly learnt at about 9.30 A.M. that some persons a

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