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1999 Supreme(SC) 1017

A.P.MISRA, K.T.THOMAS
Ismailkhan Aiyubkhan Pathan: Mustafakhan Abdulkhan Pathan: Dhanpal Singh B. Thakur – Appellant
Versus
State Of Gujarat – Respondent


(1) THERE were 6 accused before the Additional Sessions Court at Ahmedabad to face the trial for the offence under Section 20(b) read with Section 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as "the Act"). The Sessions Judge convicted 5 out of them and acquitted the 6lh man Indrajitsing Shivpalsing. The remaining 5 were convicted under the aforesaid sections and each of them was sentenced to undergo rigorous imprisonment for 10 years and to pay a fine of Rs 1,00,000. All the convicted persons preferred an appeal before the High Court of Gujarat. A Division Bench of the High Court confirmed the conviction and sentence and dismissed their appeal. It appears that 2nd accused Saeed Suleman Shah has accepted the verdict of the High Court and he did not bother to come to this Court but the remaining convicted persons filed these appeals by special leave, as per separate special leave petitions.

(2) THE summary of the prosecution case is the following: PW 7 Inspector of Police of Crime Branch in the Vigilance Squad got some sleuth information on 6-5-1991 that illicit trafficking was going on in the room on the 1st floor of a build









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