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2018 Supreme(Bom) 2776

A.M.BADAR
Nandkishore @ Bhimkumar Bhajuman Singh – Appellant
Versus
State Of Maharashtra – Respondent


Advocates Appeared:
Nitin S. Nevshe, Advocate for the Appellant/Applicant; Prashant Jadhav, APP for the Respondent/State

JUDGMENT

A.M. Badar, J. (Oral) - By this appeal, the appellant/accused is challenging the Judgment and Order dated 30/12/2011 passed by the learned Additional Sessions Judge, Jaysingpur, District Kolhapur in Sessions Case No.4 of 2010 thereby convicting the appellant/accused of the offence punishable under Section 20(b) (ii) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as ''N.D.P.S.Act'' for the sake of brevity) and sentenced to suffer rigorous imprisonment for a term of 10 years apart from directing him to pay fine of Rs. 75,000/and in default to suffer further rigorous imprisonment for three years.

2. The facts of the prosecution case are thus :

    (a) On 16/01/2010, P.W.No.6 Pruthviraj Patil API Jaysingpur Police Station had received information that an accused in Crime No.9 of 2010 registered with Police Station, Gaonbhag, Ichalkaranji for the offence punishable under Section 302 of the Indian Penal Code is likely to pass from Ankli Toll Naka of village Udgaon. Hence, P.W.No.6 Pruthviraj Patil API had decided to take up nakabandi of the road meaning thereby to block the road for apprehending the said accused. He along with his colleague polic

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