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2006 Supreme(Bom) 1446

A.M.KHANWILKAR
Pradeep Ramniklal Bhat – Appellant
Versus
State of Maharashtra – Respondent


Advocates appeared
Mr. S. B. KESHWANI with Mr. K. M. SANGANI, for Appellant.
Mr. V. B. KONDE-DESHMUKH, A.P.P. for Respondents.

JUDGMENT :. This Appeal takes exception to the Judgment and Order passed by the Special Judge under the Narcotics Drugs & Psychotropic Substances Act, 1985 (hereinafter referred to as 'the Act') for Greater Mumbai dated March 3, 2000 in N.D.P.S. Special Case No.248 of 1992. The Appellant was charge-sheeted and tried for offence under Section 22 r/w. Section 8( c) of the Act and has been found guilty of that offence.

2. In short, the prosecution case is that on 12th August, 1992 Police Inspector Suresh Ramchandra Pawar (PW-1) of Narcotic Cell of Ghatkopar received information about the description of the person who was suspected to deal in Mandrax tablets and in furtherance of his design was expected to arrive near Alfa Medical Store in the evening between 6.00 p.m. and 6.30 p.m. The information so received was reduced into writing and communicated to Deputy Commissioner of Police and arrangement for trap was made at the office. Two independent persons were called to act as panchas. After pre-trap formalities were completed the raiding party reached near bus stop at Alpha Medical Store when person resembling the description of Appellant/accused was spotted. He was moving in suspicio









































































































































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