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2016 (9) TMI 668 - SC - Indian LawsConviction under Section 15 read with Section 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 - sentence of rigorous imprisonment for four years and to pay fine of ₹ 20,000/- - further rigorous imprisonment for six months, in default of payment of fine - poppy-straw - contraband goods - sale to co-accused who did not have valid license - Maharashtra NDPS Rules, 1985 - raid - search of premises - testing of colored powder found in a polythene bag in which opium was present - Held that: - the appellant was found to have sold the contraband to the co-accused without any licence. The said finding, inter alia, is based on the evidence of PW1- Bhaskar Shetty, Inspector of Customs who seized the contraband from the co-accused- Karim Patel. The evidence in the form of statement of the appellant himself (Ex.-20) under Section 67 of the Act before his arrest clearly shows that the appellant had sold the contraband to the co-accused- Karim Patel who did not have any licence to purchase thereof. At the time of production of gunny bag no objection was raised on behalf of the appellant that the bag did not carry any label or sign of identity - the absence of label and sign of identity could not be presumed - no serious infirmity in the findings recorded by the courts in convicting and sentencing the appellant - appeal dismissed - decided against appellant.
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