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1999 Supreme(Guj) 452

H.R.SHELAT, M.S.PARIKH
SALIMUDDIN – Appellant
Versus
STATE – Respondent


Advocates Appeared: K.P.RAVAL, R.V.Acharya

M. S. PARIKH, J.

( 1 ) THIS appeal is directed against the judgment and order dated 30/06/1992 rendered by the learned Additional Sessions Judge, City of Ahmedabad, in Sessions Case No. 228 of 1991. The appellant herein (for short the accused) came to be convicted under Sec. 20 (b) of the Narcotic Drugs and Psychotropic Substances Act (for short ndps Act) and was sentenced to suffer rigorous imprisonment for 10 years and fine of Rs. 1,00,000, in default to suffer rigorous imprisonment for a period of one year. He was also convicted and sentenced for the offence under Sec. 66 (1) (b) of the Bombay Prohibition Act to undergo rigorous imprisonment for a period of 3 months. The learned Addl. Sessions Judge directed substantive sentences to run concurrently.

( 2 ) THE prosecution case, leading to the trial of the accused may briefly be stated : on 1-4-1991, Police Constable Jagatsinh informed PSI Mr. D. B. Jadeja that one person Salimuddin @ Jugan Niyazuddin Ansari carrying with him some stock of charas and was to pass through Lal Mill Four Roads from Bapunagar- noornagar and to proceed towards Topi Mill. The PSI therefore made necessary entry in the Station Diary, informed the superior























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