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1988 Supreme(Bom) 160

S.W.PURANIK, G.H.GUTTAL
Manohar Shankar Aarde – Appellant
Versus
State of Maharashtra – Respondent


JUDGMENT - S.W. PURANIK, J.:---The appellant stands convicted for the offence under section 17 of the Narcotic Drugs and Psycotropic Substances Act, 1985, and is sentenced to suffer R.I. for ten years and a fine of Rs, 1,00,000/-.

2. This order of conviction passed on 9-2-1987 by Sessions Judge, Thane in Sessions Case No. 553 of 1986 is impugned by the convicted accused by this appeal.

3. According to the prosecution, two constables K.D. Shinde and D.K. Gaikwad (P.W. 2) respectively were deputed on Bandobast duty at the S.T. Bus station at Kalyan. At about midnight on 8-6-1986 the said constables noticed the appellant sitting on the bench at the Bus-stand. While they were making enquiries from the nearby passengers, the appellant tried to run away the Bus-stop in a hurry arising his suspicion. The two constables therefore, chased the appellant and caught him nearby.

4. The appellant, was then brought back to the same bench at the bus-stop and two panchas Vani (P.W. 3) and Razak (P.W. 4) respectively were called from the bus-station. A search of the person of the appellant was taken which revealed that he was in possession of seven phials or capsule containing a witish substance. The












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