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1988 Supreme(Bom) 172

G.D.KAMAT, G.F.COUTO
Abdul Sattar – Appellant
Versus
State – Respondent


JUDGMENT

Dr. Couto, J. -This appeal by the original accused is directed against the judgment dated 4th November, 1987, continued on 11th of the same month, whereby the learned Assistant Sessions Judge, Panaji convicted him for offences punishable under sections 2(B)(ii) and 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985, (hereinafter referred to as "the Act"), and further sentenced him to undergo 10 years of Rigorous Imprisonment and to pay a fine of Rupees one Lakh, and in default, to undergo a further period of 2 years Rigorous Imprisonment on each count, the substantive sentence having been ordered to run concurrently.

2. A charge-sheet had been filed by the Calangnte Police against the appellant for offences punishable under sections 20(B)(ii) and 21 of the Act. The gravamen of the charge is that on 5th March, 1986, at about 8.00 a.m. and at Calangu1e, the appellant was found in possession of 1 kg. of charas and 30 gms. of brown sugar in contravention of section 8 of the Act. The case of the police indeed is that on that particular day and time, a police party raided the house of the appellant, who in the course of the search, produced the said 1 kg. of charas



































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