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1993 Supreme(Bom) 346

M.L.DUDHAT, M.F.SALDANHA
Ashok Asumal Bajaj – Appellant
Versus
State of Maharashtra – Respondent


JUDGMENT- M.F. SALDANHA, J.:---Certain features of some importances relating to the procedure to be followed in Narcotics cases where seizures of very small quantities of contraband is made, as also the manner in which a Court would approach section 27 of the Act for ascertaining as to whether the accused found in possession of the contraband can be said to have obtained it for personal consumption, fall for determination in this case. The appeal has been preferred by the appellant who has been convicted under section 22 of the Narcotic Drugs and psychotropic Substances Act and awarded a sentence of 10 years rigorous imprisonment and to pay a fine of Rs. 1, 00,000/- in default to suffer rigorous imprisonment for two years. It is alleged that on 16-6-1990 at about 10-35 a.m. the accused was apprehended by the Police authorities near Zulelal Mandir which is located adjacent to the Pimpri market. On his being searched in the presence of panchas, 8 pudis were found in his trouser pocket and it was detected that they contained Gard Powder. The Police weighed the packets which collectively recorded a weight of 1 gram 950 mlg. The contraband was sent to the Chemical Analyser and the An













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