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2025 Supreme(Pat) 466

MOHIT KUMAR SHAH, SHAILENDRA SINGH
Ashraf Ali Ansari @ Ashraf Ali – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the Appellants : M/s Sanjeev Kumar, Raushan Raj, Sitesh Kashyap.
For the State : Ms. Shashi Bala Verma, APP.

Shailendra Singh, J. – Heard Mr. Sanjeev Kumar, learned counsel for the appellants and Ms. Shashi Bala Verma, learned APP for the State.

2. The present criminal appeal has been preferred by the appellants namely, Ashraf Ali Ansari @ Ashraf Ali and Bablu Hazam against the judgment of conviction and order of sentence dated 20.02.2018 passed by the court of learned 5th Additional Sessions Judge, Bettiah, West Champaran, in connection with Trial No. 32 of 2013 arising out of Bettiah Town P.S. Case No. 716 of 2012 registered under sections 20, 22, 23, 24, 27A and 29 of the Narcotic Drugs And Psychotropic Substances Act, 1985 (in short ‘NDPS Act’), whereby the appellants have been convicted under Section 20(b)(ii)(c) of the NDPS Act and sentenced to undergo rigorous imprisonment for 15 years with a fine of Rs. 1,00,000/- (rupees one lakh) each.

Prosecution Story:

3. The prosecution story in brief as it appears from the FIR is as follows: –

In the night of 05.10.2012 at 2:30 A.M., the informant, namely, Naresh Kumar, Sub-Inspector-cum-Station House Officer of Town police station, Bettiah got a secret information that an infamous and absconding accused Samir Ansari had sent his shooter Ali to

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