SHAMSHAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) During course of hearing of prayer for bail which has been revived on account of having been refused vide order dated 15.05.2018, considering apart from others, criminal antecedent whereupon the learned counsel for the appellant has submitted that though at the stage of consideration of prayer for bail, in depth scrutiny is forbidden but, on account of violation of mandatory provisions of law, the judgment impugned, would not survive, whereupon, the matter has been heard on merit.

(2.) Heard learned counsel for the appellant as well as learned APP.

(3.) Vide judgment of conviction dated 22.02.2018 and order of sentence dated 27.02.2018, appellant Md.Shamshad has been found guilty for an offence punishable under Section 20(ii) (b) of the NDPS Act and sentenced to undergo RI for 10 years as well as to pay fine of Rs. 60,000/- in default thereof, to undergo SI for 1 year and 6 months additionally, under Section 22 of the NDPS Act and sentenced to undergo RI for 10 years as well as to pay fine appertaining to Rs. 60,000/-, in default thereof, to undergo SI for 1 years 6 months, additionally with a further direction to run the sentences concurrently by the 1st Additional Sessions Judge-cum-Special Judge, NDPS Saharsa in connection with Special Case No. 04/2016 arising out of Sadar Saharsa PS Case No. 431/2016.