Criminal Appeal (SJ) No.654 OF 2007 Against the judgment of conviction and order of sentence dated 20th June, 2007 passed by 1st Additional Sessions Judge, Madhubani, in G.R. Case No. 1 of 2006 / T.R. Case No. 8 of 2006 arising out of Madhepur (R.S. Shivir) P.S. Case No. 12 of 2006. RAJ KANT JHA, Son of Late Permeshwar Jha, Resident of Village Nabtole, P.S. R.S. Shivir (Madhepur), District Madhubani. ……….Appellant Versus THE STATE OF BIHAR ……….Respondent For the Appellant :- Md. Soban Asghar, Advocate For the State :- Mr. Ajay Mishra, A.P.P. * * * * * P R E S E N T THE HON'BLE MR. JUSTICE AKHILESH CHANDRA * * * * * Akhilesh Chandra, J. The solitary appellant stands convicted for the offence punishable under Sections 20 (B) of the Narcotic Drugs and Psychotropic Substance Act and sentence to undergo rigorous imprisonment for one year & six months with fine of Rs. 1,500/-, failing which further to undergo rigorous imprisonment for one month as awarded by 1st Additional Sessions Judge, Madhubani on 20th June, 2007 in G.R. Case No. 1 of 2006 / T.R. Case No. 8 of 2006, arising out of Madhepur (R.S. Shivir) P.S. Case No. 12 of 2006. 2. During course of argument one single point was raised that as per prosecution allegation appellant was found in possession of 5 Kg. of Ganja and apprehended on 11.01.2006 remained in custody through out and he has already been released 2 after serving the sentence awarded including the penal sentence for non-payment of fine. The learned counsel for the appellant submits that this appeal be disposed of with a sentence already undergone without any otherwise finding on conviction. 3. Taking into consideration, the submissions made on behalf of the Bar and as substantiated from the record, this appeal is hereby dismissed with modification in sentence as undergone. Patna High Court Date :- The 18th March, 2011 Praveen/- N.A.F.R. ( Akhilesh Chandra, J. )