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2015 Supreme(Guj) 185

ANANT S.DAVE, G.R.UDHWANI
Sanjay Patel – Appellant
Versus
Mohammad Irfan Gulam Jafar Shaikh – Respondent


Advocates:
Advocate Appeared:
For Appellant/Petitioner/Plaintiff:K.T. Dave, Advocate
For Respondents/Defendant:Rajesh M. Agrawal, Advocate

JUDGMENT

G.R. Udhwani, J.

1. All these criminal appeals arise out of judgment and order dated 3.8.2011 passed by learned Special Judge and Additional Sessions Judge, City Civil and Sessions Court, Ahmedabad in Sessions Case No. 246 of 2006 convicting Mohammed Irfan Gulam Jafar Shaikh, Shamsher Mohammadhusain Butwala and Smt. Mumtazbanu Tazuddin Malek for the offences punishable under Sections 8(C), 20(b)(2)(c) and Section 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'N.D.P.S. Act'). They have been sentenced to rigorous imprisonment for ten years with fine of Rs. 1 lakh or simple imprisonment for one year in default of the fine. No separate sentence came to be passed under Section 29 of the Act.

2. The convicts were prosecuted by Narcotics Control Bureau (for short 'NCB'). Criminal Appeal No. 1210 of 2011 has been preferred for enhancement of the sentence against the aforesaid persons by NCB. Criminal Appeal No. 1540 of 2011 has been preferred by NCB questioning acquittal of respondent No. 1-original accused No. 4. Rest of the three appeals question the conviction.

3. As per the prosecution case, a secret information about transportation of contrabands on 10
















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