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1993 Supreme(Bom) 516

ASHOK AGARWAL, I.G.SHAH
Mohd. Hussain Babamiyan Ramzan – Appellant
Versus
State of Maharashtra – Respondent


Advocates appeared:
A. H. Ponda, for H. H. Panda, for Appellant; D. U. Mirajkar, A. P. P., for Respondents.

Judgement

SHAH, J. :- These two appeals are filed by the original accused Nos. 1 and 2 against their conviction of the offence punishable under S. 21 read with 8(c) and the sentence of rigorous imprisonment for ten years and a fine of Rs. 1,00,000/ - each, in default further rigorous imprisonment for six months each.

2. Briefly stated, facts giving rise to the present appeals are as under :

Constable Bhosale (P.W. 1), S. I. Singh (P.W.3) and P.I. Ghuge (P.W.4), at the relevant time, were attached to the M.I.D.C. Unit at Andheri of Narcotic Cell of C.B., C. I. D. Prosecution alleged that on 31-7-1990, while constable Bhosale (P.W. 1 ), was present in the Unit office at about 10.30 a.m. he received information from an informant that one person was doing business of brownsugar in a rickshaw at the eastern side of the B.E.S.T. Bus Depot, Bandra (West), Bombay. He immediately conveyed the said information to S. I. Singh (P.W. 3), who, in turn, conveyed the said information to P. I. Ghuge (P.W. 4). S. I. Singh reduced the said information to writing. P. I. Ghuge (P.W. 4), after learning from S. I. Singh, informed D.C.P. Sur on telephone about the said information and on being instructed by












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