D.N.UPADHYAY, RATNAKER BHENGRA
Pradeep Prasad @ Dinger – Appellant
Versus
State of Jharkhand – Respondent
1. This criminal appeal has been directed against the judgment of conviction and order of sentence dated 22nd December, 2014 and 23rd December, 2014, respectively, passed by learned Principal Sessions Judge, Latehar in connection with N.D.P.S. Case No.01 of 2012, arising out of Balumath P.S. Case No.02 of 2012, whereby the appellant has been held guilty for the offence punishable under Section 18 of the N.D.P.S. Act and sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs.1,00,000/- and in default of making payment of fine further to undergo simple imprisonment for one year. The period of detention already undergone shall be set off against the sentence of imprisonment under the provision of Section 428 Cr.P.C.
2. The fact, in brief, is that the informant, who happens to be a Police Officer, was in receipt of secret information that a person travelling on Gupta bus, bearing Registration No.BR-2D-3998 has been carrying opium in his airbag for smuggling. Physical description as well as wearing apparel of the suspect was also disclosed. Considering the information so received, the Officer-in-charge put a check on the road near the police station. A
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