MGENI ABDULLAH ABOUD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This Appeal under Section 374 of Cr.P.C. is preferred against the judgment and order dated 18th November, 2017, rendered by N.D.P.S. Special Judge, Greater Mumbai, in N.D.P.S. Special Case No.177 of 2014. The appellant is convicted for the offence under Section 8(C) read with Section 22 (c) of the Narcotic Drugs and Psychotropic Substance Act, 1985 ("N.D.P.S. Act", for short), and sentenced to suffer rigorous imprisonment for 12 years and to pay fne of Rs.1,00,000/-, in default to suffer further rigorous imprisonment for six months. The appellant is also convicted for the offences under Section 9(A) read with Section 25(A) of NDPS Act, and, sentenced to suffer rigorous imprisonment for 5 years and fne of Rs.50,000/-, in default, further rigorous imprisonment for three months. The appellant was acquitted of the offence punishable under Section 23 read with 29 of NDPS Act.

(2.) The essential facts of the case, which are necessary for deciding this Appeal are as under:

(3.) Charge was framed by order dated 29th June, 2016, for offence under Section 22(c), 9(A) punishable under Section 25(A) of NDPS Act, 1985, and Section 8(c) punishable under Section 23 read with Section 29 of NDPS Act.