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2006 Supreme(Bom) 306

N.A.BRITTO
Vimal Singh – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
Shri J.P. D'Souza, Advocate, for the appellant/accused No.2;
Shri J. Vaz, Spl. P.P. for the respondent.

JUDGMENT

N.A. Britto, J.-These appeals are filed by the accused who have been convicted and sentenced under Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985, ('Act' for short), by Judgment/Order dated 7.7.2004 of the Special Judge, Mapusa, Goa. The said accused were prosecuted after a complaint was filed by Shri Vaz, Superintendent of Customs and Central Excise/PW 4, with the allegation that on 23.2.2001, at about 18.30 hours, both of them while travelling on a motorcycle from Margao towards Panaji, were found in possession of 8.5 kgs hashish valued at about Rs. 20,00,000. In the course of the trial, the complainant examined himself/PW 4 and five more witnesses.

2. The case of the accused was that they were falsely implicated. As per A-1/Satyawan Pagi, in his statement separately filed after recording his statement under Section 313 of the Code of Criminal Procedure, A-1/Satyawan Pagi, was in the precincts of the Margao bus stand, when some persons grabbed him, put him in a jeep and took him to a building in Margao, where he was questioned for hours and was threatened and assaulted and forced to put his signature on various documents. A-1/Satyawan Page




























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