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2018 Supreme(Bom) 464

A.M.BADAR
Kallumal Jaidmal Kukareja @ Kallumama – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
For the Petitioner:Taraq Sayyed a/w. S.S. Bhandary, Advocates.
For the Respondent: S.V. Gavand, APP.

JUDGMENT :

1. By this appeal, the appellant/accused is challenging the judgment and order dated 23rd November 2016 passed by the learned NDPS Special Judge, City Civil and Sessions Court, Greater Bombay, Mumbai, in NDPS Case No.95 of 2008, thereby convicting the appellant/accused of offence punishable under Sections 8(c) read with 20(b)(ii)(B) of Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as NDPS Act for the sake of brevity) and sentencing him to suffer rigorous imprisonment for 10 years as well as to pay fine of Rs.1 lakh, and in default, to undergo further simple imprisonment for 3 months.

2. Facts, in nutshell, leading to the prosecution of the appellant/accused can be summarized thus :

(a) PW7 Manisha Shirke, Woman Police Sub-Inspector, was attached to Azad Maidan Unit of Anti Narcotic Cell and on 28th March 2008, she was present on duty. At about 9.00 a.m. of that day, she received a secret information from her Informer. The information was to the effect that Ashok Sanglani and Deepak Makadwala are dealing in charas, and after arrest of Ashok Sanglani, Deepak Makadwala is looking after the business. The Informer further reported that his agent K


















































































































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