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2008 Supreme(Guj) 447

D.N.PATEL, C.K.BUCH
Mangilal Hiraram Vishnoi – Appellant
Versus
State of Gujarat – Respondent


Advocates:
Appearance :
Mr. J.M. Panchal, for the Appellant N. 1.
Mr. Rajesh M. Agrawal, forthe Appellants No. 1-2.
Mr. Sunil M. Agrawal, for the Appellants No. 1 - 2.
Mr. K.J. Panchal, for the Appellant No. 1.
Mr. H.L. Jani, Addl.Public Prosecutor for the Opponent No. 1.
Mr. Harin P. Raval, for the Opponent No. 2.

Judgment

C.K. Buch, J.—Present appeal is filed by the appellants, original accused under Section 36[B] of Narcotic Drugs and Psychotropic Substances Act, 1985 [hereafter to be referred to as the “said Act”] read with Section 374[2] of the Code of Criminal Procedure, 1973 challenging the judgment and order of conviction dated 31.07.2000 rendered by the learned Additional Sessions Judge, Court No. 8 of City Sessions Court, Ahmedabad, in Sessions Case No. 292 of 1998, whereby the appellants-accused have been held guilty of charge of offences punishable under Section 8[c] read with Sections 21 and 29 of the said Act. Under the said judgment and order of conviction, the learned trial Judge has convicted the accused and imposed rigorous imprisonment for 13 years and imposed fine of Rs. 1,50,000/- each for the offence punishable under Section 8[c] read with Sections 21 and 29 of the said Act. Both the accused have been further sentenced to undergo rigorous imprisonment for 13 years and imposed with fine of Rs. 1,50,000/- each for offence punishable under Section 21 read with Section 29 of the said Act. In default of payment of fine for both the above offences, the learned trial Judge has i



































































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