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2023 Supreme(Pat) 672

ASHUTOSH KUMAR, VIPUL M. PANCHOLI
Kamakhaya Giri – Appellant
Versus
State of Bihar – Respondent


Advocates appeared:
For the Appellants : M/s Jitendra Kumar Giri(in 343); Anil Kumar(in 482); Patanjali Rishi(in 698); Pankaj Kumar(in 1080).
For the State : Mr. Ajay Mishra, APP(in all).

Vipul M. Pancholi, J. – These appeals are directed against the judgment of conviction and order of sentence dated 08.03.2019 and 14.03.2019 respectively, rendered by the 1st Additional Sessions Judge-cum-Special Judge (NDPS) Act, Aurangabad in G.R. No.12/2016/05/2017, arising out of Aurangabad Muffasil P.S. Case No.164/2016, whereby all the appellants have been convicted for the offences punishable under Sections 8-20 (b) ii (C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as ‘the NDPS Act’) and sentenced to undergo R.I. for 14 years and to pay a fine of Rs.1,50,000/- each and in default of payment of fine to undergo S.I. for six months each.

2. The prosecution story, in brief, is as under:

It is stated in the FIR given by S.I., Md. Saud Akhtar Ansari, SHO of Muffasil Police Station, District Aurangabad that he got secret information on 02.10.2016, at about 08:10. a.m. that a pick-up van bearing Registration No. BR 04M 0561 is being used in transportation of huge quantity of Ganja. On the basis of the said information, entry was made in the station diary and the Superintendent of Police, Aurangabad alongwith other superior officers were informe

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