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2018 Supreme(Bom) 2771

A.M.BADAR
Mirza Qumer Hyder – Appellant
Versus
A. K. thakker I. O. – Respondent


Advocates Appeared:
Ayaz Khan with Dilip Mishra & Ms. Zehra Charania, Advocate for the Appellant in APEAL/554/2006, for the Appellant; Nasrren S.K. Ayubi, Appointed Advocate for the Appellant in APEAL/555/2006, for the Appellant; H.S. Venegaonkar, Advocate, for the Respondent No. 1/NCB; S.V. Gavand, APP, for the Respondent No. 2/State

JUDGMENT

A.M.Badar, J. (Oral) - Criminal Appeal No.554 of 2006 is filed by original accused No.2 Mirza Qumer Hyder, whereas Criminal Appeal No.555 of 2006 is filed by Bhanudas Vasantrao More - original accused No.3. By these appeals, these appellants are challenging the Judgment and Order passed by the learned Special Judge on 7th April 2006 in N.D.P.S.Special Case No.49 of 2001 thereby convicting them of offences punishable under Sections 8(c) read with Section 22, Section 29 as well as Section 27A read with Section 30 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as ''N.D.P.S.Act'' for the sake of brevity). On each count, they both are sentenced to suffer rigorous imprisonment for 10 years apart from payment of fine of Rs. 1,00,000/by each of them and in default to undergo further rigorous imprisonment for three months.

2. Briefly stated facts leading to the prosecution of these appellants/accused along with the co-accused are thus :

    (a) On 08/02/2001, officers of the complainant - Narcotic Control Bureau (hereinafter referred to as ''N.C.B.'' for the sake of brevity), Mumbai Zonal Unit, Mumbai received information to the effect that one mini

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