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2023 Supreme(Pat) 978

CHAKRADHARI SHARAN SINGH, NAWNEET KUMAR PANDEY
Gopi Sah – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the Appellant : M/s Krishna Prasad Singh, Sr. Adv., Meena Singh.
For the Respondent: Ms. Shashi Bala Verma, APP.

Chakradhari Sharan Singh, J. – By the impugned judgment and order dated 19.09.2022/23.09.2022 passed by the learned Sessions Judge, Saharsa in connection with Special Case No. 7 of 2017, arising out of Mahishi P.S. Case No. 247 of 2017, the appellant has been convicted and sentenced as under: –

Conviction under Section

Imprisonment

Sentence Fine (Rs.)

In default of fine

22(c) of the NDPS Act

RI for 11 years

1,50,000/-

SI for 6 months

2. A self statement of the Station House Officer (SHO) (informant), Mahishi recorded on 27.11.2017, is the basis for registration of Mahishi P.S. Case No. 247 of 2017 disclosing commission of the offences punishable under Section 20(b)(ii) (C) and Section 22 of the Narcotic Drugs and Psychotropic Substances Act (NDPS Act in short) which finally gave rise to Special Case No. 7 of 2017 in the court of learned Sessions Judge, Saharsa. It is the prosecution's case as disclosed in the said self statement that the informant received a secret information on 26.11.2017 at 8:10 pm from the Sub-Divisional Magistrate, Saharsa that three sons of one Sonelal Sah namely Ram Pravesh Sah, Ramdhan Sah and this appellant were indulging in illegal trade and s

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