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HIGH COURT OF GUJARAT
IMRAN PATHAN ABDUL HUSSAIN PATHAN – Appellant
Versus
UNION OF INDIA – Respondent


ORAL JUDGMENT

1. These appeals arise from the judgment and order dated 29.01.2014 passed in Sessions Case No.180 of 2011 by the learned Additional City Sessions Judge, Court No.11, Ahmedabad, whereby the trial Court has convicted all the appellants for the offences punishable under Section 8 (c) read with Sections 20(b)(ii)(C) and Section 29 of the Narcotic Drugs and Psychotropic Substance Act, 1985 ('the N.D.P.S.Act' herinafter) and further directed to undergo ten year of rigorous imprisonment.

2. At the outset, it is necessary to be mentioned that Criminal Appeal no.849 of 2015 has been preferred by three convicts, namely (1) Mustak Ahmad s/o Mahemud Mohammad Sadik, (2) Hilal s/o Mohammad Yusuf and (3) Abdulkaiyum Shaikh s/o Shabbirbhai Kaiyum.

3. Convict Mustak Ahmad while in the judicial custody was granted temporary bail on dated 12.08.2016 for the purpose of reconstruction of house, which had collapsed during flood in the year 2014 in the State of Jammu & Kashmir, by this Court and he has chosen not to return and is absconding since then and therefore, his appeal tagged with the rest, when came up for hearing, in wake of the decision of this Court in case of Niraj Devnarayan S

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