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1995 Supreme(SC) 497

A. M. AHMADI, G. T. NANAVATI, S. P. BHARUCHA
Saiyad Mohd. Saiyad Umar Saiyad – Appellant
Versus
State Of Gujarat – Respondent


Advocates:
B.V.DESAI, HEMANTIKA VATII, KAMINI JAISWAL

JUDGMENT

Bharucha, J. - Special leave granted. The appeal is directed against the judgment and order of a Division Bench of the High Court of Gujarat. The High Court upheld the conviction of the appellants for offences punishable under Section 20 of The Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) and the punishment imposed on each of them therefor, namely, rigorous imprisonment for a term of ten years and fine of Rupees one lakh; in default of payment of the fine, rigorous imprisonment for a further term of two years. It upheld also the conviction of the appellants under the provisions of Sections 65 and 66 of the Bombay Prohibition Act, 1949, in respect whereof no separate punishment had been imposed.

2. It was the case of the prosecution that on 18th October, 1986, Police Sub-Inspector Rathod and Rana received information that the first appellant was doing the business of selling charas in Vaynariyad, opposite Renbasera, Ahmedabad. Along with other police personnel, PSIs Rathod and Rana raided the area. Upon search 55 grams of charas was found from the first appellant and 10 grams from the second and third appellants. The appellants were charge-sheeted, trie






















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