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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
Gita Gopi, J
STATE OF GUJARAT – Appellant
Versus
YUNUS @ TAMTAM SATARBHAI KERUN ARAB – Respondent
| Table of Content |
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| 1. accused had undergone significant actual imprisonment. (Para 1 , 6 , 20) |
| 2. appeal for enhanced sentencing was based on the possession of narcotics. (Para 2 , 4 , 5) |
| 3. evidence did not substantiate claims for enhancement of the sentence. (Para 3 , 18 , 23) |
| 4. court upheld the trial court's findings and sentencing rationale. (Para 22) |
JUDGMENT :
Gita Gopi, J.
1. The jail remarks shows that the respondent-accused had undergone imprisonment of one year and thirteen days. The impugned order had sentenced the accused for one year rigorous imprisonment and payment of fine of Rs.15,000/- and in default of payment of fine, three months simple imprisonment for the offence punishable under Sections 20 (B), 25, 27, 8, 29(1) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as “the NDPS Act” for short). The judgment was passed by the learned Special Judge, 2nd Fast Track Court, Amreli in Special Case No.40 of 2007, against which, the State has come for enhancement of the sentence under Section 377 of the Code of Criminal Procedure, 1973 (Cr.P.C.). The appeal bears the certificate copy, where the endorsement shows that by Receipt No.168 on the ve
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