KASHI NATH SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Under the judgment, dated 16.04.2009, passed, in Sessions Trial No. 34 of 2003, by learned 2nd Additional Sessions Judge, West Champaran at Bettiah, the accused-appellant, Kashi Nath Singh, stands convicted under Sec. 20 (b) (C) and 23 (c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the "NDPS Act"). In consequence of his conviction under Sec. 20 (b) (C) of the NDPS Act, the accused-appellant stands, under the order, dated 21.04.2009, sentenced to suffer rigorous imprisonment for 15 years and pay a fine of Rs.1,00,000.00 (Rupees one lakh) and, in default to pay the fine, to undergo simple imprisonment for a further period of three years. For his conviction under Sec. 23 (c) of the NDPS Act, the accused-appellant has been sentenced to suffer rigorous imprisonment for 15 years with a fine of Rs.1,00,000.00 (Rupees one lakh) and, in default to pay the fine, to undergo simple imprisonment for a further period of three years. Both the sentences have been directed to run concurrently.

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

(3.) At the trial, charges, under Sec. 20 (b) (C) and Sec. 23 (c) of the NDPS Act, were framed against accused Kashi Nath Singh. To the charges so framed, the accused pleaded not guilty.