PAWAN SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This appeal has been preferred against the judgment and order dtd. 9/6/2005, passed by the Additional Sessions Judge IVth, Gorakhpur, in Special Session Trial No. 178 of 2003, under sec. 8/20/23/43 of Narcotic Drugs and Psychotropic Substance Act (hereinafter referred as NDPS Act), DIR, Gorakhpur, whereby the appellant Pawan Singh and Shri Bhagwan have been convicted under Sec. 20(b)(ii) and Sec. 23 of NDPS Act and sentenced to 15 years rigorous imprisonment along with fine of Rs.1.00 lakh under Sec. 20(b) (ii) and 15 years rigorous along with fine of Rs.1.00 lakh under Sec. 23 NDPS Act. In default of payment of fine, they have to undergo additional sentence of two years. There was no such direction that both the substantial sentences have to run concurrently.

(2.) During pendency of this appeal, appellant No. 2 Shri Bhgawan has passed away and his appeal was abated vide order dtd. 15/3/2022. Thus, now the instant appeal is confined only in respect of appellant No. 1 Pawan Singh.

(3.) Heard Sri Akhilesh Kumar Singh, learned counsel for the appellant no.1 Pawan Singh and Sri Krishna Agarwal, learned Special Public Prosecutor for the Union of India/ DRI.