ALI AHAMAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) We have heard Mr. Manoj Kumar Singh, learned Counsel for the appellants and Mr. Anshuman Singh, learned Senior Standing counsel for the respondent (D.R.I.).

(2.) The present appeals arise out of the judgment and order of conviction dtd. 2/2/2023 (hereinafter referred to as the 'impugned judgment') and the order of sentence dtd. 10/2/2023 (in short referred to as the 'impugned order') passed by the learned Additional District and Sessions Judge-XXVI, Patna in Special Case No. 128 of 2017, arising out of DRI Case No. DRI/LZU/PRU/718(II)ENQ222017 dtd. 30/8/2017 14/2017-18.

(3.) By the impugned judgment dtd. 2/2/2023 the appellants namely Sunil Kumar and Ali Ahamad have been convicted for the offences under Sec. 21(C) of the Narcotic Drugs and Psychotropic Substance Act, 1985 (in short referred to as the 'N.D.P.S. Act'). Appellant/Sunil Kumar vide order dtd. 6/6/2023 has been sentenced to undergo rigorous imprisonment of 12 years and to pay a fine of Rs.1,00,000.00 and in default of payment of fine to further undergo additional imprisonment of two years whereby appellant/Ali Ahamad vide order dtd. 10/2/2023 has been sentenced to undergo rigorous imprisonment of 12 years and to pay a fine of Rs.1,00,000.00 and in default of payment of fine to further undergo additional imprisonment of two years for the offence under Sec. 21(C) of the N.D.P.S. Act. Prosecution Case: