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2020 Supreme(Bom) 1409

PRASANNA B.VARALE, V.G.BISHT
State Of Maharashtra – Appellant
Versus
Rameshwar Gulabrao Soni – Respondent


Advocates:
Advocate Appeared:
For the Appellant : V.B. Konde Deshmukh, Adv
For the Respondent: Anil G. Lalla along with Ms. Aanchal Lalla instructed by Lalla and Lalla

JUDGMENT :

V. G. BISHT, J.

This appeal is filed by the State challenging the judgment and order of acquittal dated 7th May, 1997 passed in NDPS Special Case No. 111 of 1995 by learned Special Judge, Greater Bombay for the offence punishable under Sections 29, 21 read with Section 8 (C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, “the NDPS Act 1985”).

2. Narrated in nutshell, the prosecution case is that, on 25th March, 1995 at about 09.00 p.m. Police Constable Harish Natu, i.e., informant, attached to Andheri Unit of Narcotic Cell received information from informer of Mr. Sharma to the effect that one Rameshwar Soni (respondent No.1 – A1) along with his associate were coming from Rajasthan and on 26th March, 1995 at about 10.30 a.m. they were to deliver heroin to one Kirti (respondent No.2 – A2) and his associate Majid (A3). The said informer also gave brief description of those persons. Informant accordingly passed the said information to PI Dhavale (PW4), who reduced it into writing in the information book and later on passed on to their Sr. PI Wadile, ACP Gaikwad and DCP Karkare of Narcotic Cell. PI Dhavale arranged raid as per the directions of DCP Kark

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