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1993 Supreme(Bom) 366

M.F.SALDANHA, S.P.KURDUKAR
Samsher @ Sham Kasim Khan – Appellant
Versus
State of Maharashtra – Respondent


JUDGMENT - M.F. SALDANHA, J.:-We need to commence this judgment with the observation that it is seldom that we have come across such scrupulous observance of the manifold requirements specified in the Act, as we have noted in this case. The appeal concerns a conviction under section 21 of the Narcotic Drugs Psychotropic Substances Act, 1985 (hereinafter for the sake of brevity referred to as "the N.D.P.S. Act"). It is alleged that P.S.I. Shri A.P. Shinde, who is attached to the Vigilance Branch, Pune City dealing with drug-offences, received certain information to the effect that a person by the name of Samsher @ Sham Kasim Khan was alleged to be involved in the act of selling contraband drugs at the Ota in front of House No. 729 in Bhavani Peth at Pune. P.S.I. Shinde (P.W. 4) immediately made a note of the information that had been divulged to him in the Information Register, a copy of which has been produced at Exhibit 18. Significantly enough, this information not only indicates the name of the accused, but it also incorporates an elaborate description of his clothes, his face, his hair and ends with a definite indication of where the contraband in question has been kept by hi













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