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2023 Supreme(Pat) 585

CHAKRADHARI SHARAN SINGH, KHATIM REZA
Baijnath Mahto Son of Ram Chandra Mahto – Appellant
Versus
State Of Bihar – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr.Pushpendra Kumar Singh, Smt. Divya Bharti, Adv
For the Respondent: Mr. Abhimanyu Sharma, Adv

JUDGMENT :

CHAKRADHARI SHARAN SINGH, J.

Heard learned counsel for the appellant and learned Additional Public Prosecutor for the State.

2. By the impugned judgment dated 24.03.2017 and order of sentence dated 28.03.2017 passed by learned 7th Additional Sessions Judge, East Champaran, Motihari in connection with NDPS Case No. 121 of 2013 arising out of Raxaul P.S. Case No. 246 of 2013, the appellant has been convicted and sentenced as under:

Conviction under Section Imprisonment Sentence

Fine (Rs.) In default of fine

under Section 20(b) ii (c) & 23© of the NDPS Act Rigorous Imprisonment for life 1,00,000/- Rigorous imprisonment for one year

3. Kamal Chandra Sarkar, ASI (G.D) (PW-1) posted at Pantoka is the informant on whose written information furnished to the officer-in-charge, Raxaul P.S. Case No. 246 of 2013 was registered. He alleged in his written information dated 16.08.2013, that at about 12:15 pm on 16.08.2013, the Incharge of E. Company, Pantoka, had received an information that two persons were coming with narcotic drugs from Nepal to Raxaul through Bhelahi road. Based on the direction issued to him, the informant proceeded towards the place and at about 12:55 pm, they noticed

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