KASHI NATH TIWARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsels appearing on behalf of the parties.

(2.) THIS is an appeal preferred against judgment of conviction and order of sentence dated 30.11.2010 and 06.12.2010 respectively passed by 1st Additional Sessions Judge-Cum-Special Judge, Kaimur (Bhabua) in Trial No. 70 of 2000 arising out of N.C.B. Case No. 5 of 1997 finding the appellant guilty for the offence under Sections 20(b)(I) read with Section 8(C) of the Narcotic Drugs and Psychotropic Substances Act and sentence to undergo rigorous imprisonment for five years and fine of Rs. 50,000/-, in default of which, to further serve rigorous imprisonment for one year.

(3.) ON going through the materials available on the record and the case of the year 1997 coupled with the fact that there is nothing on the record to show any other criminal antecedent of the appellant, the fine of Rs. 50,000/- awarded to the appellant may be reduced to Rs. 10,000/-.