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2022 Supreme(Bom) 1308

R.G.AVACHAT
Shaikh Masood Shaikh Aziz – Appellant
Versus
State Of Maharashtra – Respondent


Advocates appeared:
Joydeep Chatterji, Advocate, G.L. Deshpande, Advocate, Satej S. Jadhav, Advocate, Govind A. Kulkarni, Advocate

JUDGMENT

R. G. avachat, J. - This group of three appeals is being decided by this common judgment and order since common questions of facts and law arise therein. Moreover, the challenge in all these three appeals is to a judgment and order dated 25/11/2016, passed by additional Sessions Judge, Vaijapur in Special (NDPS) Case No.2/2014, whereby the appellants herein have been convicted for offence punishable under Section 20(b)(ii)(c) of the Narcotic Drugs and Psychotropic Substances act (NDPS act) and, therefore, sentenced to suffer rigorous imprisonment for ten years and to pay fine of Rs.1,00,000/- each. In default of payment of fine, they are directed to undergo simple imprisonment for one year.

2. Facts giving rise to the present appeals are as follows :-

Those were the days of Maharashtra State Legislative assembly elections. The Election Commission had, therefore, constituted squad/s (team of officials) for checking of vehicles with a view to avoid malpractice/s at election. P.W.1 anil Khoche was the head of the squad. He along with the squad members was assigned duty to check vehicles moving on aurangabad-Nagar Road. It was on 2/10/2014 at 3.45 p.m. The informant noticed an au

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