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SUPREME COURT OF INDIA

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CASE NO.:

Appeal (crl.) 311 of 2002

PETITIONER:

Directorate of Revenue & Anr

RESPONDENT:

Mohammed Nisar Holia

DATE OF JUDGMENT: 05/12/2007

BENCH:

S.B. Sinha & Harjit Singh Bedi

JUDGMENT:

J U D G M E N T

CRIMINAL APPEAL NO.311 OF 2002

S.B. Sinha, J.

1. Interpretation of the provisions of Sections 42 and 43 of the Narcotic

Drugs and Psychotropic Substances Act, 1985 (NDPS Act) calls for our

consideration in this appeal which has been filed by the Directorate of

Revenue against the respondent herein aggrieved by and dissatisfied with a

judgment and order dated 19 and 20 December, 2000 passed by a learned

Single Judge of the High Court of Judicature at Bombay in Criminal Appeal

No.462 of 1999 whereby and whereunder the judgment of conviction and

sentence passed by a Special Judge at Mumbai in NDPS Special Case

No.221 of 1997 was reversed.

2. An information was received in the office of the appellant on

23.1.1997 that one person staying in Room No.305 or 306 at Hotel Kalpana

Palace, Grant Road, Mumbai was in possession of a fax copy of

consignment note under which Mandrex tablets were being transported from