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2012 Supreme(Guj) 798

A.L.DAVE, N.V.ANJARIA
Chhotibibi Daudbbai Chhipa – Appellant
Versus
State of Gujarat – Respondent


Advocates Appeared:
For the Appellants :Mr. Rajesh M. Agrawal and Mr. M.B. Masaria, Advocates
For the Opponents : Mr. R.C. Kodekar, A.P.P.

JUDGMENT :

N.V. Anjaria, J.

This appeal is preferred against judgment and order dated 16.07.2004 of learned Additional Sessions Judge, Court No.5, Ahmedabad City, in Sessions Case No.103 of 2003 convicting the appellant for the offence under section 8(c) read with sections 20 (sic) and 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 ('the N.D.P.S. Act', for sake of brevity) and sentencing her to rigorous imprisonment for twelve years with fine of Rupees one lakh, and in default of payment of fine, to undergo rigorous imprisonment for further three months. The appellant Chhotibibi Chhipa was accused No.1 before the trial court. Accused No.2 was acquitted.

2. The prosecution case was that on 17.01.2003 at around 8.00 p.m. the Police Inspector of Shah Alam Police Station received secret information which he forwarded to his second Police Inspector that one Chhotibibi Chhipa, wife of Daudbhai Vakhatji, staying near Suryanagar underpass, was keeping in her house quantity of brown sugar and opium. As it was apprehended that she may elope with the contraband, the police swung into action. The higher officer was intimated in writing. Upon his instruction to conduct raid and aft

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