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BOMBAY HIGH COURT - APPELLATE SIDE,BOMBAY
R.C. CHAVAN, J
Meharunnissa Farooq Shaikh – Appellant
Versus
The State of Maharashtra – Respondent


Advocates:
For the Appellant: Shri Sherali S. Khan
For the Respondent: Ms Geeta P. Mulekar, Additional Public Prosecutor

ORAL JUDGMENT:

1. This appeal is directed against the conviction of the appellant by the learned Special Judge for trial of cases under the Narcotic Drugs and Psychotropic Substances Act at Mumbai for offence punishable under Section 8 (c) r/w Section 20 (ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, “NDPS Act”) and sentence of rigorous imprisonment for 10 years with fine of `1,00,000/- or in default to suffer further rigorous imprisonment for one year imposed upon the appellant by the learned Judge on the conclusion of trial of Special Case No.98 of 2006.

2. Facts which are relevant for deciding this appeal are as under:-

On 24-2-2006 at about 8:15 a.m. PW-5, a woman Police Sub-Inspector Smt. Parab, received specific information that the appellant was selling narcotic substance in her hut bearing room No.15, Subhash Chandra Nagar, near the gate of Railway Quarters, Dockyard Road, Mumbai. She noted down this information and sent copies thereof to her superiors and then prepared for conducting a raid. Her superior, PI Mane, called other staff members and the raiding party collected the necessary material for conducting the raid. Two panchas were also c

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