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2024 Supreme(Guj) 1808

A. Y. KOGJE, SAMIR J. DAVE
Prince Sharma – Appellant
Versus
State Of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Appellant :MR. PRASNNAN NAMBOODARI with MR. JAINISH P SHAH, MR. YATIN OZA, SENIOR ADVOCATE with MR. JAINISH P SHAH
For the Respondent: MR. DEVANG VYAS, ASG with KSHITIJ M AMIN(7572) with MR. JASH THAKKAR, MR. SANDEEP SADAWARTE with MR. SAGAR BHANDARE, MR. DEVANG VYAS, ASG with KSHITIJ M AMIN(7572) with MR. JASH THAKKAR, MR. SANDEEP SADAWARTE with MR. SAGAR BHANDARE

JUDGMENT :

(PER : HONOURABLE MR. JUSTICE A.Y. KOGJE)

[1] These two criminal appeals are filed for discharge of the appellants in connection with an offense registered vide NIA Case No.RC-26/2021/NIA/DLI which was registered for offense punishable under Section 120B of the Indian Penal Code and 8(c), 21(c), 23(c) and 29 of the NDPS Act and Sections 17, 18 and 22C of the Unlawful Activities (Prevention) Act, 1967 (hereinafter referred to as “UAPA Act” for short).

[2] It is a case of illicit import of heroin camouflaged as a “Semi Processed Talc Stones” from Afghanistan in a huge quantity to the tune of 2988.21 Kgs. with an international value worth Rs.21,000/- Crores. The offense came to light when the DRI, Gandhidham acted on a specific intelligence input received on 13.09.2021 and therefore, DRI, Gandhidham constituted a team to carry out the inspection of the consignment specifically imported in two containers, and upon examination of such goods under the panchnama dated 14.09.2021, contained in 18 jumbo bags in one container and 20 jumbo bags in another container, particularly preliminary testing of goods were conducted by the experts of FSL, Gandhidham, wherein test report confirms

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