M.S.SONAK, M.S.JAWALKAR
Ivan Miguel – Appellant
Versus
STATE (As represented by the Officer Incharge, Pernem Police Station, Pernem, Goa – Respondent
JUDGMENT :
M.S. Sonak, J.
1. Heard Ms. Dolorosa Tulkar, the learned Counsel for the Appellant and Mr. Pravin Faldessai, the learned Additional Public Prosecutor for the State.
2. This Appeal is directed against the Judgment and order dated 30th June/14th July, 2016, made by the learned Special Judge, in NDPS Criminal Case No.16/2014, by which the Appellant was held guilty of the offences under Section 22(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 and sentenced to undergo rigorous imprisonment for 15 years and payment of fine of Rs.1,00,000/-, and in default of payment of the fine, to undergo further rigorous imprisonment for one year.
3. The Appellant, by the same Judgment and Order, was also held guilty of the offences under Sections 21(b) and 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) and sentenced to undergo rigorous imprisonment for 7 years and payment of fine of Rs.50,000/- for each of the offences and in default of payment of fine, to undergo further rigorous imprisonment for one year and six months, respectively.
4. The Prosecution case is that on 14/1/2014, the Investigating Officer (IO) Dinesh Gadekar (PW.9), the Poli
Agha Khan v. State of Uttarakhand (AIR 2018 SC 2123)
Arif Khan (supra) and Vijaysinh Chandubha Jadeja v. State of Gujarat (2011) 1 SCC 609)
State of HP v. Pawan Kumar (2005) 4 SCC 350)
Dilip & anr. v. State of MP (2007) 1 SCC 450
State of Punjab v. Baldev Singh - (1999) 6 SCC 172
Ajmer Singh v. State of Haryana – [(2010) 3 SCC 746]
HP Administration vs. Om Prakash (1972) 1 SCC 249)
Shivaji Sahabrao Bobade v. State of Maharashtra (1973) 2 SCC 793)
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.