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2016 Supreme(Online)(Pat) 11

PRINCIPAL BENCH PATNA
HONOURABLE MR. SAMARENDRA PRATAP SINGH, HONOURABLE MR. ADITYA KUMAR TRIVEDI, JJ
Md. Raja – Appellant
Versus
The State Of Bihar – Respondent


Advocates:
For the Appellants/Petitioners:Md. Najmul Hoda, Advocate
For the Respondents: Mr. A.K.Sinha, APP, Mr. Ajai Mishra, APP

Table of Content
1. defense's denial and evidence presented. (Para 5 , 6)
2. mandatory compliance of n.d.p.s. act provisions. (Para 8 , 9)
3. importance of statutory provisions in search. (Para 10 , 11)
4. inconsistencies in evidence and investigation errors. (Para 19 , 20)
5. final decision on appeals. (Para 21)

ORAL JUDGMENT

Date: 18-11-2016

2. Appellant Md. Raja (Cr. Appeal (DB) No.1102 of 2013), appellant Md. Salim (Cr. Appeal (DB) No.1078 of 2013), appellant Md.Farukh (Cr. Appeal (DB) No.1099 of 2013), appellant Inamul @ Md. Inamul (Cr. Appeal (DB) No.1076 of 2013), appellant Bikash Yadav (Cr. Appeal (DB) No.33 of 2014) and appellant Sandeep Kumar Singh (Cr. Appeal (DB) No.1089 of 2013) have been found guilty u/s 20 as well as 22 of the N.D.P.S. Act vide judgment of conviction dated 3.10.2013, and each one has been independently sentenced to undergo rigorous imprisonment for 15 years as well as fine of Rs.1 lac, in default thereof to undergo rigorous imprisonment for two years, additionally, under both heads, respectively, with a further direction to run the sentences concurrently, vide order of sentence dated 21.10.2013 by 1st Additional Sessions Judge cum Special Judge, Bhagalpur in

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