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1997 Supreme(Bom) 198

T.K.CHANDRASHEKHARA DAS, R.M.S.KHANDEPARKAR
Nicklaus Peter Heel – Appellant
Versus
State of Goa – Respondent


JUDGMENT - T.K. CHANDRASHEKHARA DAS, J.:---The accused in Special Criminal Case No. 9 of 1995 in the Court of Narcotic Drugs and Psychotropic Substances, Mapusa, is the appellant herein. By the impugned judgment dated 25th April, 1996, the appellant was convicted for having been found to be in possession of 105 grams of charas and 30 pills of L.S.D. without having lawful explanation and convicted under sections 20(b)(ii) and 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and sentenced to undergo rigorous imprisonment for 10 years and to pay a fine of Rs. 1 lakh and in default to suffer rigorous imprisonment for 2 years under section 20(b)(ii) of the N.D.P.S. Act and to undergo rigorous imprisonment for 10 years and to pay a fine of Rs. 1 lakh and in default to suffer rigorous imprisonment for 2 years under section 22 of the N.D.P.S. Act. By the impugned judgment the sentences of imprisonment were directed to run concurrently.

2.The case of the prosecution is that on 26th January, 1995, P.S.I. Thorat attached to A.N.C. Police Station, Panaji, received information at 3.30 p.m. that one foreigner named Peter was dealing with Narcotic drugs at Vagator near Fatima Bar a


























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