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2011 Supreme(Guj) 801

RAVI R.TRIPATHI, P.P.BHATT
Shyamrao Hanumantrao Rao – Appellant
Versus
State of Gujarat – Respondent


Advocate Appeared:
For the Appellant :Shakeel A. Qureshi with Rushabh R. Shah, Advocates.
For the Respondent: Kartik Pandya, Addl. P.P.

JUDGMENT :

P.P. Bhatt, J.

The above mentioned appeals are preferred against the judgment and order passed in Special NDPS Case No.2 of 2005 dated 30th June 2007 passed by the learned Special Judge, Surat, by which the present appellants have been convicted for the offences under section 8(C) and 20(B)(1) read with section 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'NDPS Act'). Aggrieved by and dissatisfied with the above judgment and order passed in Special NDPS Case No.2 of 2005 dated 30th June 2007, the appellants have preferred these appeals.

2. Brief facts of the prosecution case are as under:

2.1 As per the prosecution case Shri P.R. Pandya, Police Inspector, Pandesara Police Station, Surat City on 26.12.2004 at 1515 hrs received an information from a private informer that in L.I.G. 512, Block No.295, Room No.2681 OF Gujarat Housing Board at Pandesara, one person named Babula Alias Bullu, son of Upendra Parida, who is staying there as a tenant of one Shri Azadbhai, in collusion with four other persons, illegally selling Marijuana (Ganja) and having bulk quantity of Marijuana (Ganja), which is lying in the room. Thereafter, he made en

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