PRAMOD RAM @ PRAMOD DAS Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the appellant and the learned counsel appearing for the State.

(2.) THE present appeal has been preferred against the judgment of conviction dated 28th April, 2011 and the order of sentence dated 3rd May, 2011 passed in Trial No. 46 of 2005 arising out of Narkatiyaganj Rail P.S. Case No. 32 of 2005 whereby the learned Additional Sessions Judge, Fast Track court No.-V, Bettiah, West Champaran has found and held the appellant guilty under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (For short 'the NDPS Act') and sentenced him to undergo rigorous imprisonment for ten years and to pay a fine of Rs. 1 lakh and in default to undergo rigorous imprisonment for a further period of two years. He has further been convicted under Section 23(b) of the NDPS Act and sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs. 1 Lakh and in default to undergo rigorous imprisonment for the further period of two years. However, the sentences have been directed to run concurrently.

(3.) THE trial court framed charges under Sections 20(b), 22(b) and 23(b) of the Act against them. However, in course of trial, the co- accused Ram Pyare Das died and the trial court dropped the case as against him.