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2018 Supreme(Bom) 2775

SANGITRAO S.PATIL
Narayan Tulshiram Jadhav – Appellant
Versus
State Of Maharashtra – Respondent


Advocates Appeared:
G.D. Kale, Advocate for appellant in APPEAL/708/16; Joydeep Chatterji, Advocate for appellant in APPEAL/648/16; Joydeep Chatterji, Advocate h/f Ms. Monica Purnapatre, Advocate for appellant in APPEAL/653/16; R.G. Hange, Advocate for appellant in APPEAL/678/16; A.A. Jagatkar, A.P.P. for respondent State

JUDGMENT

Sangitrao S. Patil, J. - The above numbered appeals have arisen out of the same judgment dated 15th October, 2016 delivered by the learned Special Judge, Aurangabad in Special Case No. 10 of 2012 thereby convicting the appellants of the offences under Sections 3 and 4 read with section 25 of the Arms Act, 1959 and also under Section 22 of the Narcotic Drugs and Psycotropic Substances Act, 1985 (for short "NDPS Act"). Hence they are being decided by this common judgment.

2. Each of the appellants has been sentenced with rigorous imprisonment for three years and fine of Rs. 10,000/with default clause in respect of the offences under Sections 3 and 4 read with section 25 of the Arms Act and rigorous imprisonment for ten years and fine of Rs.l,00,000/with default clause in respect of the offence punishable under Section 22 of the NDPS Act. The substantive sentences of imprisonment have been ordered to run concurrently.

3. The learned Special Judge acquitted the appellants of the offence punishable under Section 399 of the Indian Penal Code. The State/ prosecution has not challenged acquittal of the appellants in respect of the said offence. As such, that part of the judgment ha

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