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RAJEEV RANJAN PRASAD, ASHOK KUMAR PANDEY
Amit Kumar @ Amit Kumar Singh @ Amit – Appellant
Versus
State of Bihar – Respondent
Rajeev Ranjan Prasad, J. – Heard learned counsel for the appellants and learned Additional Public Prosecutor for the State.
2. This appeal has been preferred for setting aside the judgment of conviction dated 09.08.2023 (hereinafter referred to as the ‘impugned judgment’) and the order of sentence dated 28.08.2023 (hereinafter referred to as the ‘impugned order’) passed by learned 1st Additional Sessions Judge-cum-Special Judge, NDPS Act, Gopalganj (hereinafter referred to as the ‘learned trial court’) in Sessions Trial No. 15 of 2019 arising out of Mohammadpur P.S. Case No. 116 of 2019. By the impugned judgment of conviction, the appellants have been convicted under Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short ‘NDPS Act’) and by the impugned order, they have been ordered to undergo rigorous imprisonment for twelve years with a fine of Rs.1,20,000/- under Section 20(b) (ii)(C) of the NDPS Act and in default of payment of fine, they have to further undergo one year imprisonment.
Prosecution Case
3. The prosecution case is based on the self-statement of S.I. Mithilesh Kumar Pandey (PW-7), S.H.O. Mohammadpur Police Station recorded by himself
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