JUDGEMENT - R.P. Mrs. DESAI, J. ;---This appeal is directed against the judgment and order of conviction and sentence dated 4th February, 1994 passed by the Special Judge for Greater Bombay in N.D.P.S. Special Case No. 888 of 1989 whereby, the appellant was found guilty under section 8(c) for the N.D.P.S. Act punishable under section 21 of the said Act. He was sentenced to suffer R.I. for 10 years and to pay a fine in the sum of Rs. 1,00,000/-. In default, he was to suffer further R.I. for 2 years. The appellant was also found guilty under section 8(c) punishable under section 29 read with section 21 of the N.D.P.S. Act and he was sentenced to suffer R.I. for 10 years and to pay a fine of Rs. 1,00,000/- and in default, he was to suffer R.I. for 2 years. Both the substantive sentences were to run concurrently.

2.The allegation against the appellant (hereinafter referred to as 'the Accused') was that he was found in possession of 12 Kg. and 800 grams of heroin (diacotyle morphine) kept in 13 cloth bags found in 2 Olive Green Canvass bags recovered from Room No. 27, Transit Camp, Building No. 1, 1st floor, M.H.B. Colony, Borivli (East) in contravention of the provisions of the N.D.P

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