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2024 Supreme(SC) 327

ANIRUDDHA BOSE, AUGUSTINE GEORGE MASIH
Najmunisha Etc. – Appellant
Versus
State of Gujarat – Respondent


Advocates appeared:
For the Appellant(s) : Mr. Sanjay Jain, AOR
For the Respondent(s): Ms. Deepanwita Priyanka, Adv. Ms. Swati Ghildiyal, AOR Ms. Devyani Bhatt, Adv. Ms. Srujana Suman Mund, Adv. Mr. K M Nataraj, A.S.G. Mr. Shailesh Madiyal, Sr.Adv. Mr. T A Khan, Adv. Mr. Vatsal Joshi, Adv. Mr. Annirudh Sharma Ii, Adv. Mr. Arvind Kumar Sharma, AOR

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JUDGMENT

AUGUSTINE GEORGE MASIH, J.

1. The instant criminal appeals arise out of SLP (Criminal) No(s). 74197420 of 2009 assailing the Common Impugned Judgment dated 16.03.2009 of the Division Bench of Gujarat High Court in Criminal Appeal Nos. 1702 of 2004 and 2097 of 2004 moved by the Original Accused No. 01 (Smt. Najmunisha – Appellant in Criminal Appeal No. 1702 of 2004 before the High Court) and Original Accused No. 04 (Abdul Hamid Chandmiya alias Ladoo Bapu – Appellant in Criminal Appeal No. 2097 of 2004 before the High Court).

2. Smt. Najmunisha (hereinafter referred to as “Accused No. 01”) was originally convicted under Sections 29 read with 20(b)(ii)(c) and 25 of the Narcotics Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as “NDPS Act 1985”). The Trial Court had sentenced her to ten years of rigorous imprisonment and fine of INR 30,000/­ (Rupees Thirty Thousand only) for the charge under Section 29 read with Section 20(b)(ii)(c) of the NDPS Act 1985 and in default, she had to undergo one year of simple imprisonment. No separate sentence was imposed under Section 25 of the NDPS Act 1985. This sentence was subsequently modified by the High Court of Gujarat

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