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2016 Supreme(Guj) 1991

M.R.SHAH, MOHINDER PAL
STATE OF GUJARAT – Appellant
Versus
VAGHSINH PUNSINH ALIAS PUNJSINH SOLANKI – Respondent


Advocates Appeared:
For the Appellants : Mr. L.B. Dabhi
For the Respondents: Mr. Mrudul M. Barot

JUDGMENT :

M.R. SHAH, J.

1. Present is a glaring example to show that in the haste of the disposal of the trial, learned Special Court under the NDPS Act bypassing all the procedure which is required to be followed while conducting the trial has convicted the original accused for the offence under Section 20(A)(i) of the NDPS Act and that too without affording right of fair trial to the accused.

2. Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the learned 3rd Additional Special Judge, Sabarkantha at Modasa dated 21.12.2013 passed in Special NDPS Case No. 2 of 2013, by which, the learned Special Court while convicting the original accused for the offence under Section 20(A)(i) of the NDPS Act has imposed the sentence of one year RI with fine of Rs. 10,000/-, in default to undergo further three month SI, the State has preferred present appeal under Section 377 of the Code of Criminal Procedure for enhancement of the sentence.

3. The facts and chronology events leading to the present appeal in nutshell are as under:

3.1. A complaint was filed again
























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