MD. MOJAMIL Vs. STATE OF BIHAR

JUDGEMENT

(1.) All the three appeals have been preferred by the respective appellants against the judgment of conviction dtd. 20/1/2018 and the consequent order of sentence dtd. 29/1/2018, passed by the learned 1st Additional Sessions Judge-cum-Special Judge, N.D.P.S. Act, East Champaran, Motihari in N.D.P.S. Case No. 07 of 2014 and, as such, with consent of the parties, the same are being heard together and disposed of by this common order.

(2.) The appellants Md. Mojamil (in Cr. Appeal (DB) No. 489 of 2018) and Noor Alam (in Cr. Appeal (DB) No. 471 of 2018) stood charged separately for the offences punishable under Ss. 20(b)(ii)(C) and 23(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred as 'NDPS Act, 1985') for recovery of 5 Kg. and 4 ' Kg. charas from their respective possession. The appellant Jabiullah (in Cr. Appeal (DB) No. 277 of 2018) stood charged under Ss. 20(b)(ii)(B) and 23(b) of the NDPS Act for recovery of 500 gm. charas from his conscious possession.

(3.) During trial, the aforenoted respective charges stand proved and the appellant Md. Mojamil (in Cr. Appeal (DB) No. 489 of 2018) and Noor Alam (in Cr. Appeal (DB) No. 471 of 2018) have been found guilty for the offences punishable under Sec. 20(b)(ii)(C) of the NDPS Act, 1985 and sentenced to suffer rigorous imprisonment for a term of twelve years with a fine of Rs.1,00,000.00 (one lac) and in default of payment of fine to further suffer an additional period of imprisonment for a term of six months whereas the appellant Jabiullah (in Cr. Appeal (DB) No. 277 of 2018) has been sentenced to suffer rigorous imprisonment for a term of five years with a fine of Rs.50,000.00 (fifty thousand) and in default of payment of fine to further suffer an additional period of imprisonment for a term of three months.