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BOMBAY HIGH COURT - BENCH AT GOA
P.V. HARDAS, J
Fayaz Sangloo – Appellant
Versus
State of Goa – Respondent


Advocates:
For the Appellants/Petitioners: Mr. J.P. D’Souza, Ms. C. Collasso
For the Respondents: Mr. S.N. Sardessai

ORAL JUDGMENT.

The appellant/accused, who stands convicted for an offence punishable under Section 20(b)(ii) of the N.D.P.S. Act and sentenced to suffer rigorous imprisonment for a term of 5 years and to pay fine of Rs. 50,000/- in default to undergo imprisonment for one year, by the Special Judge, N.D.P.S. Court, Mapusa, by Judgment, dated 24th October 2001, in Special Criminal Case No. 3 of 2000, has filed the present appeal challenging the aforesaid conviction and sentence.

2. The facts as are necessary for the decision of the appeal are set out hereunder:-

On 10th December 1999, at about 7.00 p.m., P.W.5 P.I. Uday Naik, who was attached to the Anti Narcotic Cell Police Station, Panaji, received a specific and reliable information that one Kashmiri named Fayaz Ahmad Sangloo would be coming near the Rajesh Bar and Restaurant at Baga, Calangute, between 9.30 to 10.30 p.m. for delivering consignment of charas to his customers. On receipt of the said information, P.W.5 P.I. Uday reduced the said information in writing and handed over a copy thereof to the Deputy Superintendent of Police Shirish Thorat (P.W.6). Exhibit 16 Colly is the copy of the said information alongwith a letter whic

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