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1990 Supreme(Bom) 2

G.H.GUTTAL
Ashak Hussain Allah Detha @ Siddique & another – Appellant
Versus
Assistant Collector of Customs (P) Bombay & another – Respondent


JUDGMENT - G.H. GUTTAL, J.:---The five accused are alleged to have committed the offences punishable under section 21 r/w, section 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, hereinafter referred to as "the N.D.P.S. Act" and section 135(1)(a) and 135(1)(b) both r/w. section 135(1)(ii) of the Customs Act, 1962. The applicants herein Ashak Hussain Allah Detha @ Siddique and Riyaz Afzal are, respectively, accused Nos 4 and 5. They are hereinafter referred to as the applicants or Ashak and riyaz. They apply for bail.

1. THE PROSECUTION CASE.

2. The accused No. 1 Hamid khan was residing in Room No. 301 and the applicants in Room No. 210 of R.K. Hotel, Lamington Road, Bombay. Saidulla, who is in Pakistan, despatched a large consignment of narcotic drugs on 19th July, 1989. A lorry, driven by Shersing, carried the contraband. Accused No. 1 Hamid Khan met the applicants in Room No. 201 and inquired of them whether the consignment had arrived. Meanwhile, Shersingh met the applicants and told them that he had brought the consignment from Pakistan. The applicants took Shersingh to the room of the accused No. 1. Accused No. 1 took Shersingh in a Maruti Car with him. These






















































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