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1996 Supreme(Bom) 385

VISHNU SAHAI, S.S.PARKAR
Lamin Bojang – Appellant
Versus
State of Maharashtra – Respondent


JUDGMENT - VISHNU SAHAI, J.:---The appellant aggrieved by the Judgment and Order dated 13-5-1993, passed by the Special Judge, Greater Bombay in NDPS Special Case No. 947 of 1990, convicting and sentencing him to undergo 10 years RI and to pay a fine of Rs. 1,00,000/- (Rupees one lakh) in default to further undergo RI for 1 year under section 21, read with 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 hereinafter referred to as the NDPS Act, has come up in appeal before us.

Along with the appellant, three others namely Joae Carlas Ca, Pauline Viera and Mrs. Nazma @ Ruksana Ibraham, were also prosecuted and tried, but, they have been acquitted vide the impugned judgment. Against their acquittal, the State of Maharashtra has preferred no appeal in this Court.

2. Briefly stated the prosecution case is that on 20-6-1990, at about 7.30 a.m. P.S.I. Madhukar Khangte P.W. 1 of Antop Hill Police Station, received an information that some Negroes were dealing in drugs in Sector No. VII in Central Government Servant's Colony, Antop Hill. He conveyed the said information orally to his Superior Officer Senior Inspector of Police P.I. Chandrakant Chaugule P.W. 6. At 8.15 a.m.
































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