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1999 Supreme(Guj) 523

M.R.CALLA, RAVI R.TRIPATHI
HIMATBHAI PETHABHAI VANKAR – Appellant
Versus
STATE – Respondent


Advocates Appeared: P.M.VYAS, REKHA H.KAPADIA, S.A.PANDYA

M. R. CALLA, J.

( 1 ) THIS Appeal as was sent to this Court through Jail is directed against the order of conviction and sentence passed by the learned Additional City Sessions Judge, Court No. 9, Ahmedabad on 2 6/04/1990, in Sessions Case No. 44 of 1989, whereby the present appellant, namely, Himatbhai Pethabhai Vankar was convicted for the offences punishable under sec. 20 (b) (ii) of Narcotic Drugs and Psychotropic Substances Act,1985, (which will be hereinafter referred to as "ndps Act"), read with sec. 66 (b) of the Bombay Prohibition Act, 1949 ("prohibition Act" for brevity) whereby the appellant herein was sentenced to 10 years rigorous imprisonment with a fine of Rs. 1,00,000. 00; in default of payment of fine to further undergo rigorous imprisonment for a period of two years in addition to 10 years. No separate sentence has been awarded for the offence under sec. 66 (b) of the Prohibition Act and set off was directed to be given for the period of sentence undergone during the trial. The appeal was admitted on 13. 9. 1990 by the Division Bench and during pendency of the appeal, Shri P. M. Vyas has been appointed to represent the appellant in this Appeal by the Registry of th

























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