2001 Supreme(Bom) 493
S.G.MAHAJAN
Gangaram Rama Gundkar & another – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT - S.G. MAHAJAN, J.:---Appellant No. 1 Gangaram Rama Gundkar and appellant No. 2 Sou. Laxmibai w/o Gangaram Gundkar, who were the accused No. 1 and 2 respectively in Special N.D.P.S. Case No. 22/1993, were convicted and sentenced by the learned Special Judge, Buldhana. Accused No. 1 Gangaram was convicted of the offence under section 20(b)(i) of N.D.P.S. Act and was sentenced to suffer R.I. for 4 years and to pay a fine of Rs. 2,000/- or in default to suffer R.I. for one year more. Accused No. 2 Smt. Laxmibai was convicted of the offence under section 29 of the N.D.P.S. Act and was sentenced to suffer S.I. for one year and to pay a fine of Rs. 500/- or in default to suffer S.I. for 3 months more. Both the accused preferred the instant appeal challenging the order of conviction and sentence passed against them as above. During the pendency of this appeal accused/appellant No. 1 Gangaram was reported to be dead. So the appeal against him stood abated and the order notifying the abatement was passed by this Court on 8-6-2001. Thus accused No. 1 Smt. Laxmibai is the only appellant in this criminal appeal.
2. The case of the prosecution as is revealed from the evidence is as bel
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