IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (DB) No.445 of 2023 Arising Out of PS. Case No.-12 Year-2019 Thana- GOVERNMENT OFFICIAL COMP.

District- Muzaffarpur ======================================================

Shankar Das, S/o Putul Das, R/o Village-School Tila Gardhigram, P.S.-

Airport, District-West Tripura, State Tripura.

... ... Appellant Versus

1. The State of Bihar

2. Union of India through Narcotic Control Bureau, Patna Zonal Unit.

... ... Respondents ======================================================

with CRIMINAL APPEAL (DB) No. 447 of 2023 Arising Out of PS. Case No.-12 Year-2019 Thana- GOVERNMENT OFFICIAL COMP.

District- Muzaffarpur ======================================================

1. Sandeep Kumar, Son of Mohan Lal, R/o H. No. DVIMV / 647, Ward No. 09, Bernala, P.S.- Airport, Distt.- Barnala, State – Punjab.

2. Kuldeep Singh, Son of Magghar Singh, R/o Ward no. 08, Bernala, P.S.-

Airport, Distt.- Bernala, State- Punjab.

... ... Appellants Versus

1. The State of Bihar

2. Union of India through Narcotic Control Bureau, Patna Zonal Unit.

... ... Respondents ======================================================

with CRIMINAL APPEAL (DB) No. 739 of 2023 Arising Out of PS. Case No.-12 Year-2019 Thana- N.C.B (GOVERNMENT OFFICIAL)

District- Muzaffarpur ======================================================

Manoj Sah, Son of Musaharu Sah, Resident of Village - Banania, Kamaldaha, Police Station - Kisanpur, District - Supaul, Bihar.

... ... Appellant Versus

1. The State of Bihar

2. Union of India Through Narcotic Control Bureau, Patna Zonal Unit, Patna.

... ... Respondents ======================================================

Appearance :

(In CRIMINAL APPEAL (DB) No. 445 of 2023)

For the Appellant : Mr. Ajay Kr. Thakur, Advocate Mr. Dhirendra Kumar Sinha, Advocate For the UOI : Mr. Ram Anurag Singh, CGC For the State : Mr. Parmeshwar Mehta, Addl.PP (In CRIMINAL APPEAL (DB) No. 447 of 2023)

For the Appellants : Mr. Ajay Kr. Thakur, Advocate Mr. Ganesh Pd. Singh, Advocate Mr. Umesh Kr. Roy, Advocate Mr. Satrudhan Kumar, Advocate For the UOI : Dr. K.N. Singh, ASG Mr. Ram Tujabh Singh, CGC Mr. Radhika Raman, Advocate For the State : Mr. Parmeshwar Mehta, Addl.PP (In CRIMINAL APPEAL (DB) No. 739 of 2023)

For the Appellant : Mr. Ajay Kr. Thakur, Advocate Mr. Jay Prakash Sharma, Advocate Mr. Umesh Kr. Roy, Advocate For the UOI : Mr. Ram Anurag Singh, CGC For the State : Mr. Parmeshwar Mehta, Addl.PP ======================================================

CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD and HONOURABLE MR. JUSTICE SOURENDRA PANDEY

CAV JUDGMENT

(Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD)

Date : 02-12-2025 This appeal is arising out of the judgment of conviction dated 22.02.2023 (hereinafter referred to as the ‘impugned judgment’) and the order of sentence dated 24.02.2023 (hereinafter referred to as the ‘impugned order’) passed by learned Additional Sessions Judge-III, Muzaffarpur (hereinafter referred to as the ‘learned Trial Court’) in NDPS Case No. 18 of 2019 arising out of NCB Case No. 12 of 2019.

2. By the impugned judgment, the learned trial court has been pleased to convict the appellants for the offences punishable under Sections 20(b)(ii)(c) and 29 of the Narcotic Drugs and Psychotropic Substances Act (in short ‘NDPS Act’) and ordered to undergo rigorous imprisonment for twenty years and to pay a fine of Rs.2,00,000/- each under Section 20(b)(ii)(c) of the NDPS Act.

For the offence under Section 29 NDPS Act, they have further been ordered to undergo rigorous imprisonment for twenty years and to pay a fine of Rs. 2,00,000/- each. In case of default of payment of fine, they have to further undergo additional two and half years rigorous imprisonment. Both the sentences are to run concurrently.

Prosecution Case

3. The prosecution case as alleged is that on 08.05.2019 at about 09:00 AM, the informant, namely, Amar Shankar (PW-4) got a secret information that one oil tanker with Registration No. AS-17B-7231 is co