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2024 Supreme(Online)(SC) 9640

SUPREME COURT OF INDIA
NAJMUNISHA ETC. – Appellant
Versus
THE STATE OF GUJARAT – Respondent


Advocates:
Petitioner's Advocate: SANJAY JAIN
Respondent's Advocate: ANIRUDDHA P. MAYEE

J U D G M E N T

AUGUSTINE GEORGE MASIH, J.

1. The instant criminal appeals arise out of SLP Signature Not Verified Digitally signed by (Criminal) No(s). 7419-7420 of 2009 assailing the Nirmala Negi Date: 2024.04.09 Reason:

Common Impugned Judgment dated 16.03.2009 of the Division Bench of Gujarat High Court in Criminal Appeal Nos. 1702 of 2004 and 2097 of 2004 moved by the Original Accused No. 01 (Smt. Najmunisha – Appellant in Criminal Appeal No. 1702 of 2004 before the High Court) and Original Accused No. 04 (Abdul Hamid Chandmiya alias Ladoo Bapu – Appellant in Criminal Appeal No.

2097 of 2004 before the High Court).

2. Smt. Najmunisha (hereinafter referred to as “Accused No. 01”) was originally convicted under Sections 29 read with 20(b)(ii)(c) and 25 of the Narcotics Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as “NDPS Act 1985”). The Trial Court had sentenced her to ten years of rigorous imprisonment and fine of INR 30,000/- (Rupees Thirty Thousand only) for the charge under Section 29 read with Section 20(b)(ii)(c) of the NDPS Act 1985 and in default, she had to undergo one year of simple imprisonment. No separate sentence was imposed under Section

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