GILBERT MARTIN ONUOHO Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The present Appeal is directed against the Judgment and Order dated 28th February, 2012 passed by the learned Special Judge, (under NDPS Act), Greater Mumbai, in NDPS Special Case No. 70 of 2009 thereby, convicting the Appellant for the offences punishable under Section 21(c) read with Section 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the NDPS Act') and is sentenced to suffer rigorous imprisonment for ten years and to pay a fine of Rs.1, 00, 000/ (Rupees One Lac only), in default of payment of fine to further undergo rigorous imprisonment for one year and under Section 29 of the NDPS Act is sentenced to suffer rigorous imprisonment for ten years and to pay a fine of Rs.1, 00, 000/ (Rupees One Lac only), in default of payment of fine to further undergo rigorous imprisonment for one year. By the said Judgment and Order, the Trial Court has directed that the substantive sentences imposed upon the Appellant shall run concurrently.

(2.) Heard the learned counsel for the Appellant and the learned APP. Perused the record.

(3.) The prosecution case in brief is as under: