SHANKAR YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) Sixteen persons including the appellants and Bipin Bihari Patel were put on trial for offence under section 22 of the Narcotic Drugs And Psychotropic Substances Act. The 5th Additional Sessions Judge, Rohtas at Sasaram by judgment dated 20th of Sept., 2004 passed in Narcotic Drugs And Psychotropic Substances Kargahar P.S. Case No. 80 of 1998 acquitted all the accused persons excepting accused Shankar Yadav, Bulaki Kahar. Birendra Pandey alias Bindi Pandey, Mutur Mian and Bipin Bihari Patel and sentenced appellants Birendra Panuey alias Bindi Pandey and Shankar Yadav to suffer rigorous imprisonment for a period of 20 years and fine of Rs. 2 lacs each and in default thereof to undergo simple imprisonment for a period of two years. So far as appellants Bulaki Kahar, Mutur Mian and accused Bipin Bihari Patel are concerned, they have been sentenced to undergo rigorous imprisonment for a period of ten years and fine of Rs. 1 lac each, in default of payment of fine to undergo simple imprisonment for a period of one year.

(2.) Shankar Yadav, Bulaki Kahar. Birendra Pandey alias Bindi Pandey and Mutur Mian aggrieved by their conviction and sentence had filed separate appeals, which have been registered as Criminal Appeal No. 758 of 2004. Criminal Appeal No. 810 of 2004, Criminal Appeal No. 811 of 2004 and Criminal Appeal No. 93 of 2005. However, convict Bipin Bihari Patel has not preferred any appeal.

(3.) All the appeals were heard together and are being disposed of by this common judgment. We have also examined the validity of conviction and sentence of Bipin Bihari Patel.