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P.V.HARDAS
Babu Govekar – Appellant
Versus
State – Respondent


Advocates:
Counsel for the parties:
For the Appellant:Mr. S.G.. Desai, Senior Advocate with Mr. Arun ~ras de Sa. Advocate.
For the Respondent: Mr. A.P. Lawande, Public Prosecutor

JUDGMENT (ORAL)

The Appellant has filed the present Appeal challenging the conviction and sentence passed by the Special Judge. N.D.P.S. Court. Mapusa. in Special Criminal Case No.20/2000 convitting the AppeIlant for an offence punishable under Se'ctions 21 and 22 of the N.D.P.S. Act. 1985 and sentencing him for th.e aforesaid offence. on each count to uhdergo Rigorous Imprisonment for 10 years and to .pay fine of Rs. 1.00.000/- in default to undergo Simple Imprisonment for 6 months. It is this aforesaid conviction and sentence that is challenged in the present Appeal by the Appellant.

2. The facts necessary for the decision of the Appeal are set out hereunder:

On 13th January. 2000. at about 11.00 a.m. two panchas namely P.W.3. Francis Almeida and Sadat Nizamuddin. both Government servants. working in the Director of EsIucation. panaji. were summoned by P.I. Shri Lavu Mamledar(P.W.6) to the Anti Narcotic Cell. Panaji to act as panch witnesses. On the same day. at about 5:00 p.m.. P.W.4. P.S.I. Uday Naik. Had received a specific and reliable information that one person by name Babu Govekar. aged 21 years would becoming to deliver a consignment of drugs to his customers near Starcob

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