2002 Supreme(Bom) 108
A.P.DESHPANDE
Madhukar Pandurang Kanthale – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT - A.P. DESHPANDE, J.:---The present appellant came to be charged for the offence punishable under sections 20, 22 and 25 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter for the sake of brevity referred to as “N.D.P.S. Act, 1985”) and in the alternative section 27 of the N.D.P.S. Act, 1985. The Sessions Judge, Ahmednagar, on trial found the appellant guilty for commission of offence punishable under section 20(b)(i) and 20(b)(ii) of N.D.P.S. Act, 1985. Insofar as the offence under section 20(b)(i) is concerned, the appellant is sentenced to suffer R.I. for three years and to pay fine of Rs. 5000/- in default to suffer R.I. for two months. Insofar as the conviction for offence punishable under section 20(b)(ii) of the N.D.P.S. Act, 1985 is concerned, the appellant is sentenced to suffer R.I. for 10 years, and to pay fine of Rs. 1,00,000/- in default to suffer R.I. for one year. It is relevant to note that the appellant-accused is convicted for offence of possessing Ganja under section 20(b)(i); whereas the accused is convicted for possessing Bhang under section 20(b(ii) of the N.D.P.S. Act, 1985 and sentenced to harsher punishment of 10 years R.I. a
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