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2007 Supreme(Guj) 228

A.L.DAVE, SHARAD D.DAVE
ABDUL RASID SHAIKH – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates Appeared: E.E.SAIYED, FALGUNI PATEL

A. L. DAVE, J.

( 1 ) THESE two criminal appeals arise out of a judgment and order rendered by City Sessions Court in Sessions Cases No. 26 of 1998 and 360 of 1998 on 27th August, 1999. Mohammed Yusuf Saifulla Shaikh, Abdul Rashid Saifulla Shaikh, Akram Ramzan Dhuldhoya, Gulamnabi alias Gulu Mohammed Mansuri and Hajibhai Sulemanbhai were tried by the Sessions Court in the abovereferred Sessions Cases. Out of them, the Trial Court convicted Mohammed Yusuf Saifula Shaikh and Abdul Rashid Saifulla Shaikh for offence punishable under Section 8 read with Section 21 of the Narcotic Drugs and Psychotrophic Substances Act, 1985 ("ndps Act" for short) whereas acquitted rest of the accused persons. Aggrieved by the said conviction, Mohammed Yusuf Saifulla Shaikh and Abdul Rashid Saifulla Shaikh have preferred Criminal Appeal No. 1159 of 1999. Against acquittal of Akram Ramzan Dhuldhoya, the State has preferred Criminal Appeal No. 1295 of 1999. (1) For the sake of convenience, Mohammed Yusuf Saifulla Shaikh, who was original accused No. 1 in Sessions Case No. 26 of 1998, is referred to as "a1" Likewise, Abdul Rashid Saifulla Shaikh, who was original accused No. 2, is referred to as "a2" and Ak




















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