TAMANNA KHAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) THESE appeals have put to challenge the judgment, dated 07.09.2007, passed, in G. O. Case No. 05 of 2005, by the learned 1st Additional Sessions Judge ­cum - Special Judge, Darbhanga, whereby the accused -appellants, namely, Tamanna Khan, Chanda Khatoon and Zarina Khatoon, stand convicted under Sections 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, 'NDPS Act') and Section 47 (c) of the Bihar Excise Act, 1915. In consequence of their conviction under Section 20 of the NDPS Act, the accused - appellant, namely, Zarina Khatoon, stands, under the order, dated 12.09.2007, sentenced to suffer rigorous imprisonment for a period of seven years and pay fine of Rs. 25,000/ - (twenty five thousand) and, in default of payment of fine, undergo simple imprisonment for six months. For their conviction under Section 20 of the NDPS Act, the two other accused -appellants, namely, Tamanna Khan and Chanda Khatoon, stand, under the order, dated 12.09.2007, aforementioned, sentenced to suffer rigorous imprisonment for a period of fifteen years and pay fine of Rs. 1,00,000/ - (one lakh) each and, in default of payment of fine, undergo simple imprisonment for one year. However, no separate sentence was passed for the conviction of the three accused -appellants under Section 47 (c) of the Bihar Excise Act, 1915.

(2.) THE case of the prosecution, as unfolded at the trial, may, in brief, be described as under:

(3.) IN support of their case, prosecution examined altogether ten witnesses. All the accused were, then, examined under Section 313 (1) (b) of the Code of Criminal Procedure and, in their examinations aforementioned, all the accused denied that they had committed the offences, which were alleged to have been committed by them, the case of the defence being that of denial.