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2012 Supreme(Bom) 2279

A.P.LAVANDE
Rajendra Kumar s/o. Shrem Kumar – Appellant
Versus
State of Goa – Respondent


Advocates Appeared:
For the Appellants:V. Rodrigues, Advocate.
For the Respondent: S.R. Rivonkar, Public Prosecutor.

Judgment :

By this appeal, the appellant (hereinafter, referred to as “the accused”) takes exception to the judgment and order dated 22nd December, 2008, passed by the Special Judge, at Mapusa in Special Criminal Case No. 1/2008, convicting the accused for the offence punishable under Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (“the Act” for short) and sentencing him to undergo rigorous imprisonment for 10 years and to pay a fine of Rs.1,00,000/-(Rupees one lakh only) and in default, to undergo further imprisonment for one year. The accused has been granted set off in respect of the period of detention in terms of Section 428 Cr.P.C.

2. The appellant was accused No.2 in Special Criminal Case No. 1/2008 filed against two accused pursuant to a raid conducted by PW.7 Punaji Gawas, attached to the ANC Police Station, Panaji on the basis of a specific and reliable information received on 23.10.2007 that one lady and one man would be coming near Dipti's Bar & Restaurant, Vagator on the same day with charas. The raid was conducted, after recording the information received. The raiding party consisting of PW.7 Punaji Gawas, PW.5 Dina Mandrekar, PI Ashis






































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