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2012 Supreme(SC) 713

P.SATHASIVAM, RANJAN GOGOI
SHAHEJADKHAN MAHEBUBKHAN PATHAN – Appellant
Versus
STATE OF GUJARAT – Respondent


JUDGMENT

P. Sathasivam, J. - Delay condoned.

2. Leave granted.

3. These appeals are directed against the final judgment and order dated 08.07.2002 passed by the High Court of Gujarat at Ahmedabad in Criminal Appeal Nos. 11 and 75 of 2002 whereby the Division Bench of the High Court dismissed the appeals filed by the appellants herein and affirmed the judgment dated 10.12.2001 passed by the Additional Sessions Judge, Ahmedabad City in Sessions Case No. 381 of 2000.

4. Brief facts:

(a) On 04.09.2000, on a tip-off, the Narcotic Cell, Police Bhavan, Gandhinagar, Gujarat arrested two persons, viz., Shahejadkhan Mahebubkhan Pathan and Narendrasinh Chandrashekhar Rai (the appellants herein) carrying 500 grams brown sugar (narcotic substance) at Kalupur Railway Station, Ahmedabad while they were traveling in Sarvodaya Express from Delhi to Ahmedabad through Ratlam.

(b) After following the procedure regarding search and seizure and after registering the case under the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short ‘the NDPS Act’), the samples were sent to the Forensic Science Laboratory (FSL) for examination.

(c) On 19.12.2000, after filing of the charge sheet, the case was c




































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