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2010 Supreme(Guj) 511

RAVI R.TRIPATHI, J.C.UPADHYAYA
Abdul Salim Abdul Munaf Shaikh Alias Salimbhai – Appellant
Versus
Narcotics Control Bureau – Respondent


Advocates Appeared:
For the Appellant :D.J. Bhatt, Advocate
For the Opponent :K.T. Dave, Advocate, Devang Vyas, Addl. Public Prosecutor

JUDGMENT :

J.C. Upadhyaya, J.

These three Criminal Appeals arise out of a judgment and order rendered by learned Addl. Sessions Judge, 2nd Fast Track Court, Navsari on 29.11.2006 in Special NDPS Case No. 1 of 2003. In Special NDPS Case No. 1 of 2003, five accused persons, namely, Ketan @ Kanabhai Somabhai Patel, Habibkhan Usmankhan Pathan, Abdul Salim Abdul Munaf Shaikh @ Salimbhai, Nituben Abdul Salim Abdul Munaf Shaikh and Smt. Naseebbanu Yusufbhai Pathan came to be tried for the offences punishable under Sections 8(c), 20(b)(ii)(c), 25 read with Section 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 ('NDPS Act', for short). At the end of the trial, the accused No. 1 Ketan @ Kanabhai Somabhai Patel, accused No. 2 Habibkhan Usmankhan Pathan, accused No. 3 Abdul Salim Abdul Munaf Shaikh @ Salimbhai and accused No. 4 Nituben Abdul Salim Abdul Munaf Shaikh came to be convicted for the offences punishable under Sections 8(c), 20(b)(ii)(c), 25 read with Section 29 of the NDPS Act and each of them was sentenced to undergo R.I of ten years and fine of Rs. 1 Lac each and in default of payment of fine, S.I for one year. Moreover, the accused No. 3 Abdul Salim Abdul Munaf Shai

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