SHAIKH MOHAMED SHABIR Vs. UNION OF INDIA

JUDGEMENT

(1.) The appellants namely Shaikh Mohamed Shabir, Shaikh Yunus Shaikh Hasan, Pratap Narayan Gaunekar and Suresh Kumar Narmada Prasad Pandey are the original accused Nos. 1, 2, 3 and 4 respectively in NDPS Special Case No. 27 of 2006. The appellants hereinafter will be referred to as per their original accused numbers in the said Special Case before the Trial Court for the sake of convenience and brevity.

(2.) The appellants have been convicted for the offences punishable under Sections 8(c) read with 22(c) read with 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as "NDPS Act' for sake brevity) by the learned Special Judge for NDPS, Greater Mumbai by its Judgment and Order dated 17th August 2010.

(3.) The appellant No. 1/accused No. 1Shaikh Mohamed Shabir has been convicted for the offence punishable under Sections 8(c) read with 22(c) read with 29 and 31 of the NDPS Act (in view of his previous conviction under NDPS Act he has been additionally charged under Section 31(A) of the NDPS Act) and is sentenced to suffer rigorous imprisonment for 15 years and to pay fine of Rs. 1,50,000/ on each count, in default of payment of fine to further undergo simple imprisonment for one year by further Order dated 21st August 2010 (passed below Exhibit 184) by the learned Special Judge for NDPS Greater Mumbai. It is directed that the substantive sentences imposed upon the appellant No. 1/accused No. 1 to run concurrently.