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2019 Supreme(Bom) 235

A.M.BADAR
Okacha Mike – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
Ayaz Khan, Adv., Zehra Charania, Adv., A.A. Mane, Adv., P.H. Gaikwad-Patil, Adv.

JUDGMENT :

A.M. Badar, J.

By this appeal, the appellant/accused is challenging the judgment and order dated 8th October 2012 passed by the learned Special Judge under the Narcotics Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the NDPS Act for the sake of brevity) for Greater Mumbai, in NDPS Special Case No.118 of 2009, thereby convicting the appellant/accused of offences punishable under Sections 21(c) read with 8(c) read with 28 read with 23 of the NDPS Act. The appellant/accused is sentenced to undergo rigorous imprisonment for 13 years. In addition, he is directed to pay fine of Rs.1 lakh and in default, to undergo further simple imprisonment for 6 months.

2. Facts in brief, leading to the prosecution and resultant conviction of the appellant/accused, can be summarized thus :

(a) In the night intervening 22nd March 2009 and 23rd March 2009, PW1 Sanjay Kumar, Intelligence Officer of Air Intelligence Unit of the Custom department was on duty at Chhatrapati Shivaji International Airport, Sahar, Mumbai (hereinafter referred to as "the Airport" for the sake of brevity. Appellant/ accused Okacha Mike, a Nigerian national was present at the Airport for flying fro








































































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