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2008 Supreme(Bom) 75

V.R.KINGAONKAR
Mohan S/o Shamrao Mohite – Appellant
Versus
State of Maharashtra – Respondent


Advocates appeared
Mr. J.V. Deshpande, Advocate for the appellant
Mr. D.R. Adhav, A.P.P. for respondent - State

Judgment

1. This appeal arises out of Judgment rendered by Special Judge, Jalgaon, in Special Case No.5 of 2005. By the impugned Judgment, appellant - Mohan has been convicted for offence punishable under Section 8 read with Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (For short "the N.D.P.S.Act") and sentenced to suffer rigorous imprisonment for 10 (ten) years and to pay fine of Rs.1,00,000/-(Rs.One Lac) in default to suffer rigorous imprisonment for two and half years.

2. The prosecution case is that on 6th July 2005, Police Inspector -Dnyandeo Gaware, who was then attached to Muktainagar Police Station, received a secret information to the effect that one person was waiting for arrival of someone by side of road at village Kurha and there were six bags of ganja by his side. P.I. Mr.Gaware instructed Head Constable Mr.Pachpande, attached to Kurha outpost, to keep vigil on the activities of said person. He gave information to the Dy.Superintendent of Police, Bhusawal about the proposed raid. He thereafter called for panchas, a Photographer and arranged for proper illumination at place of the raid. He also called for P.S.I.Mr.Pawar and other staff members


















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