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1995 Supreme(Bom) 430

T.K.CHANDRASHEKHARA DAS
Shiv Kumar @ Ashok Mishra – Appellant
Versus
Special Judge of N. D. P. S. Court – Respondent


JUDGMENT - T.K. CHANDRASHEKHARA DAS, J. :---The accused in Special Criminal Case No. 17 of 1993 on the file of Narcotic Drugs and Psychotropic Substances Court, Mapusa, is the appellant herein. He was convicted under section 20(b)(i) of the N.D.P.S. Act and sentenced to undergo rigorous imprisonment for a period of 2 years and to pay a fine of Rs. 20,000/-- and in default to undergo further rigorous imprisonment for a period of 4 months.

2.According to the prosecution on 27th August 1993 on receipt of previous information that a person carrying a suitcase will be arriving at Collem Railway Station with a consignment of narcotic drugs, P.I. Alex Pereira alongwith the other staff members of the Anti-Narcotic Cell accompanied by the A.S.P. Shri Goutem and two panch witnesses proceeded to the Railway Station at Collem at about 8.15 p.m. While they were keeping watch on the passengers leaving the Collem Railway Station, they spotted the accused carrying a light-blue suitcase as he was suspected of being in possession of narcotic drugs. The accused was apprehended by the raiding party. On a personal search of the accused the raiding party recovered Ganja weighing 7.4 Kgs., which was kep














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