BIREN MANDAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) BOTH the appeals arise out of the same judgment and, as such, they were heard together and are being disposed of by this common judgment.

(2.) APPELLANTS in both the appeals being aggrieved by the judgment of conviction and sentence dated 30th of March, 2005 passed by the Special Judge, Purnea in Special Case No. 14 of 2001 (Trial No. 5/2004) holding them guilty of offence under Sec. 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and sentencing them to undergo rigorous imprisonment for 12 years and fine of Rs. 1 lakh each, in default to pay the fine to suffer simple imprisonment for one year, have preferred these appeals.

(3.) THEREAFTER according to the First Information Report, search was made of Tara Singh Hotel where besides spirit, one plastic bag containing 21 packets of opium like substance were recovered. Investigating Officer sent the spirit, opium and Poppy Straw Dust for chemical examination who submitted its report dated 13.1.2001 and found trace of opium in Poppy Straw Dust.