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2023 Supreme(Pat) 1194

SUDHIR SINGH, CHANDRA PRAKASH SINGH
Ram Brichh Baitha, S/o. Late Radha Baitha – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the Appellant : Mr. Sangeet Deokuliar.
For the Respondent: Mr. Sujit Kumar Singh, APP.

JUDGMENT :

Sudhir Singh, J.

Heard learned counsel for the appellant and learned A.P.P. for the State.

2. The present criminal appeal has been preferred against the judgment of conviction dated 17.08.2017, and the order of sentence dated 26.08.2017, passed by Sri Krishna Bihari Pandey, 1st Additional Sessions Judge-cum-Special Judge, N.D.P.S. Act, East Champaran at Motihari in N.D.P.S. Case No. 154 of 2012 whereby and whereunder the appellant has been convicted for the offence under Section 20(b)(ii)(c) of N.D.P.S. Act and sentenced to undergo rigorous imprisonment for a term of twelve years and a fine of Rs. one lac, and in default of payment of fine an additional period of imprisonment for a term of six months. It was further directed that the period already undergone by the appellant in custody will be set of in the said sentence.

3. The prosecution case as per the written report of the informant-cum-S.H.O. Raxaul Police Station is that on 30.11.2012 at 13:00 hours, informant received confidential information about contraband i.e. ‘ganja’ to be kept in the house of accused Ram Brichh Baitha situated at village Chainpur. Thereafter the informant along with other police personnel left

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