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1993 Supreme(Bom) 411

S.H.KAPADIA, H.H.KANTHARIA
Kalpanaben Chandan Chatarji – Appellant
Versus
State of Maharashtra – Respondent


JUDGMENT - S.H. KAPADIA, J.:—-This is an appeal by the appellant-accused (hereinafter referred to, for the sake of brevity, as "the accused") challenging her conviction for being found in possession of Narcotic Drug, namely, heroin, under section 8(c) read with section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as "the NDPS Act") and against sentence of 10 years rigorous imprisonment and a fine of Rs. 1,00,000/-, in default to undergo further rigorous imprisonment for one year awarded by the learned Additional Sessions Judge, Greater Bombay, Bombay, vide judgment and order dated 26th March, 1991 in NDPS Special Case No. 916 of 1989. The relevant facts giving rise to the appeal are as follows.

2. On 31st August. 1989, P.S.I. Arun Chavan was on station house duty at Goregaon Police Station. He received secret information that accused No. 1 (the appellant herein) possessed brown sugar at her residence situate at 268/2127, Motilal Nagar No. 1, Goregaon (West), Bombay. Thereupon P.S.I. Arun Chavan (PW 1) took P.S.I. Raikar, 3 Constables and 2 panchas and proceeded to the residence of the appellant. PW. 1 knocked on the door of the flat which w




























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