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2021 Supreme(Bom) 1220

BHARATI DANGRE
Shaikh Salman Shaikh Khalil – Appellant
Versus
State of Maharashtra – Respondent


Advocates appeared:
Dilip Mishra, Advocate, Ayaz Khan, Advocate, Veera Shinde, Advocate

JUDGMENT

BHARATI DANGRE,J. - By the present Appeal, the Appellant assails his conviction under Section 8(c) of the NDPS Act, punishable under Section 20(b)(ii)(c) thereof, by the judgment delivered in NDPS Special Case No.214 of 2015 dated 22/12/2017. On being convicted, the Appellant has been sentenced to suffer RI for 10 years and to pay fine of Rs.1,50,000/-, in default of payment of fine, to undergo RI for one year and six months. Set off is given for the period he was in judicial custody in terms of Section 428 of the Cr.P.C. It is this judgment delivered by the NDPS Special Judge, Greater Mumbai, which is the subject matter of the appeal.

2. The prosecution case can be summarized as under:

(a) PW-5 API Katwani, while posted at ANC Ghatkopar Unit, received information at about 0830 hours on 21/05/2015 that a person by name Salman Shaikh ("the Appellant"), who is in the business of drugs and selling ganja is likely to arrive in relation to his business between 1300 and 1400 hours at Vikhroli Gaon BEST bus stop, Vikhroli, Mumbai in a red coloured Tata Indica car bearing No.MH-21-V-2824.

(b) The information was reduced in writing in the Information Register and the Station Diary b

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