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2018 Supreme(Bom) 2414

A.M.BADAR
Shakeel Habib Khan @ Papu Pager – Appellant
Versus
A. b. Kodnani – Respondent


Advocates Appeared:
Ayaz Khan, Adv., Dilip Mishra, Adv., Zehra Charania, Adv., Mandar Goswami, Adv., Tanaya Goswami, Adv., Sneha G Sanap, Adv., H.S. Venegaonkar, Adv., V.V. Gangurde, Adv.

JUDGMENT

A. M. Badar, J. - Criminal Appeal No.456 of 2010 is filed by appellant/accused no.3 Shakeel Habib Khan @ Papu Pager, whereas, Criminal Appeal No.471 of 2010 is filed by appellant/ accused no.1 Jayram Wadhwa @ Kara. Both these appeals are being decided by common judgment as they are arising out of the same case.

2. Both the appellants/accused nos.3 and 1 respectively, by these appeals, are challenging the judgment and order dated 19th May 2010 passed by the learned Special Judge under Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as NDPS Act) for Greater Mumbai, in NDPS Case No.215 of 2007. The learned trial court by this impugned judgment and order is pleased to convict both these appellants/accused nos.3 and 1 respectively along with co-accused (accused no.2) Nasirali Sher Ali Khan for offences punishable under Sections 8(c) read with 20(b)(ii)(c) as well as for the offence punishable under Section 29 of the NDPS Act. Each of them is sentenced, on each count, to undergo rigorous imprisonment for 10 years and to pay fine of Rs. 1 lakh, by each of them, on each count. In default of payment of fine, they are directed to undergo simple imprisonm

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