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2019 Supreme(Bom) 1469

PRITHVIRAJ K.CHAVAN
Yusuji Hinagata – Appellant
Versus
State – Respondent


Advocates:
Advocate Appeared:
Caroline Collasso, Adv., S.R. Rivankar, Adv.

JUDGMENT :

PRITHVIRAJ K CHAVAN, J.

1. By this appeal under Section 374 of the Code of Criminal Procedure, 1973, the appellant impugns the judgment and order dated 25/01/2016, by which he has been convicted by the Special Judge of Narcotic Drugs and Psychotropic Substances Court, Mapusa of an offence punishable under Section 8(c) read with Section 22(C) and 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985, (for short 'NDPS Act') for being found in illegal possession of 1.81 gms of LSD liquid and 568 gms of charas. He has been sentenced to undergo rigorous imprisonment for 10 years and a fine of Rs. 1,00,000/-, in default, rigorous imprisonment for one year and rigorous imprisonment for 5 years with fine of Rs. 50,000/-, in default rigorous imprisonment for one year, respectively. The substantive sentences were directed to run concurrently.

2. Factual matrix can be summarised as follows:

    The Anti-Narcotic Cell, Panaji, Goa on 17/07/2013 received reliable and secret information that on 18/07/2013, a wheatish complexion, tall male of medium built, aged about 45 to 50 years wearing yellow colour T-shirt and dark grey colour 3/4th pant will be coming on a black colour

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