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2003 Supreme(SC) 615

N.S.HEGDE, B.P.SINGH
SORABKHAN GANDHKHAN PATHAN – Appellant
Versus
State Of Gujarat – Respondent


ORDER

1. THE APPELLANTS BEFORE US AND TWO OTHER PERSONS WERE CHARGED FOR OFFENCES PUNISHABLE UNDER SECTIONS 8(C), 20(2), 21, 27, 29 OF THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT, 1985 (THE ACT) BEFORE THE COURT OF ADDITIONAL SESSIONS JUDGE, AHMEDABAD IN SESSIONS CASE NO. 53 OF 1993. LEARNED SESSIONS JUDGE AFTER TRIAL CAME TO THE CONCLUSION THAT THE PROSECUTION HAS FAILED TO ESTABLISH ITS CASE AGAINST ACCUSED 3 AND 4 AND HENCE ACQUITTED THEM WHILE IT FOUND THE CASE AGAINST ACCUSED 1 AND 2 WHO ARE THE APPELLANTS BEFORE US ESTABLISHED BY THE PROSECUTION, HENCE CONVICTED THEM UNDER SECTION 9 20(B)(II) READ WITH SECTION 2(III)(A) AND ALSO READ WITH SECTION 29 OF THE ACT AND SENTENCED THEM TO UNDERGO RIGOROUS IMPRISONMENT FOR A PERIOD OF 10 YEARS AND IMPOSED A FINE OF RS 1,00,000 (RUPEES ONE LAKH ONLY), IN DEFAULT OF PAYMENT OF FINE THE APPELLANTS WERE FURTHER DIRECTED TO UNDERGO SIMPLE IMPRISONMENT FOR A PERIOD OF ONE YEAR. AN APPEAL FILED AGAINST THE SAID H JUDGMENT BY THE CONVICTED ACCUSED BEFORE THE HIGH COURT OF GUJARAT AT AHMEDABAD CAME TO BE DISMISSED. AGAINST THE SAID JUDGMENT OF THE HIGH COURT THE TWO APPELLANTS ARE BEFORE US.

2. MS RANJANA NARAYAN, LEARNED AMICUS CURIAE






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