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2020 Supreme(Bom) 1358

M.S.SONAK, M.S.JAWALKAR
Ivan Miguel – Appellant
Versus
STATE (As represented by the Officer Incharge, Pernem Police Station, Pernem, Goa – Respondent


Advocates Appeared:
For the Appellant :Dolorosa Chiquita Tulkar, Advocate.
For the Respondents: Pravin Faldessai, Additional Public Prosecutor.

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

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