SHIVA GUPTA Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Heard.

(2.) THE appeal is directed against the judgment of conviction and order of sentence dated 02.05.2013 and 09.05.2013 passed by Shri Atul kumar Shrivastava, Additional District & Sessions Judge 3rd West Champaran, Bettiah, in Trial No. 30 of 2011 (arising out of Bhagha P.S. Case No. 34 of 2010) N.D.P.S. Case No. ; 104 of 2010 whereby the appellant has been convicted for offence under Sections 22(C) and 23(C) of the N.D.P.S. Act and sentenced to undergo rigorous imprisonment for ten years each and further fine of Rs. 1,00,000/ - (one lac) and in default of payment of fine further sentenced to undergo simple imprisonment for two years.

(3.) ON the Fardbeyan, the investigation proceeded. Charge sheet submitted, cognizance taken and after framing of charge trial proceeded. During trial five witnesses were examined, P.W. 1, Lalit Chandra Borah, P.W. 2 Manish Kumar Pathak, P.W. 3 Bijukt Thakukdar, P.W. 4 Bipin Kumar Yadav and P.W. 5 Tej Narayan Tarun, who is I.O. in this case. However, documentary evidence adduced which are Exhibit -1 written report, Exhibit -2 seizure list, Exhibit 2/1 2/2 and 2/3 signature of witnesses on the seizure list, Exhibit - 3 is charge sheet, Exhibit -4 forwarding letter, Exhibit -5 is the endorsement, Exhibit - 6 Formal F.I.R., Exhibit - 7 F.S.L. report.