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2017 Supreme(SC) 819

A.K.SIKRI, R.K.AGRAWAL
Gulam Mohammad Malik – Appellant
Versus
State of Gujarat – Respondent


Advocate Appeared:
For the Appellant :Mr. Anand Grover, Sr. Advocate, Mr. Shree Prakash Sinha, Ms. Tripti Tandon, Mr. Rakesh Mishra, and Mr. Shekhar Kumar, Advocates.
For the Respondents:Ms. Hemantika Wahi, Ms. Puja Singh, Ms. Mamta Singh, Mr. K.L. Janjani, Mr. Vijay Prakash, Mr. R.S. Jena, Mr. A. Deb Kumar, Mr. Raj Bahadur, Mr. Mukesh Kumar Maroria, Mr. B. Krishna Prasad, Mr. Nishant Katneshwarkar and Ms. Deepa Kulkarni, Advocates.

ORDER :

In these two appeals, one coming from the judgment of the High Court of Gujarat and other from the High Court of Bombay, the appellant is the same. In both cases he was charged for the offences under Sections 8(c), 20(b) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the 'NDPS Act'). Insofar as the case filed in Gujarat is concerned, it was registered as NDPS Case No. 1/2002 and was tried by the Additional Sessions Judge, Himmatnagar, Gujarat. Vide judgment and order dated 09.03.2004 passed by the Trial Court, the appellant was convicted for the aforesaid offences and was directed to undergo rigorous imprisonment for ten years and to pay a fine of Rs. 1 lakh with default clause to undergo further rigorous imprisonment for one year in case the fine is not paid. The appellant had challenged the aforesaid conviction and sentence by filing an appeal in the High Court of Gujarat i.e. Criminal Appeal No. 683 of 2004, which has been dismissed by the High Court vide judgment dated 24.10.2008. We may record here that against the sentence awarded by the learned Additional Sessions Judge even the State had preferred an appeal in the High













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