Allowed

Mohammad Ali Mohammad Hussain Momin v. the State of Maharashtra

Bombay HC18 Aug 2006APEAL/658/1989

Case brief

AI extract

What is this about?

The Bombay High Court in criminal appeal allowed the appeal, quashing the Sessions Court judgment and acquitting the appellant of offences under sections 20(b)(ii) and 21 of the NDPS Act, 1985, while also confirming the direction regarding muddemal.

What did the court decide?

Conviction and sentence under NDPS Act set aside; accused acquitted; fine refunded; bail bonds cancelled; muddemal direction confirmed; impugned judgment quashed.

Mohammad Ali Mohammad Hussain Momin Vs the State of… — Narcotics (NDPS) | Bombay HC (2006)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION

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CRIMINAL APPEAL NO.658 OF 1989

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 ......................................................
 Office Notes, Office
 Memorandum of Coram,
 appearances, Court’s Court’s or Judge’s
 orders or directions and Orders
 Registrar’s orders

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 ......................................................
 Shri R.D.Suryawanshi i/by Shri G.B. Chavan for the
 Appellant.

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 Shri S.R.Shinde, A.P.P. for the Respondent.

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CORAM :ABHAY S. OKA, J.

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DATE : AUGUST 18, 2006.
P.C.:
 . For the reasons separately
 recorded in the judgment, following

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 is the operative part of the order:

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 : O R D E R :

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 (i) The impugned Judgment and
 Order dated 19th August, 1989
 in Sessions Case No.189 of
 1988 is quashed and set
 aside.

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 (ii) The conviction and sentence

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 of the Appellant under
 section 20(b)(ii) and 21 of
 the Narcotic Drugs and

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 ... 2 ...

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 Psychotropic Substances Act,
 1985 is set aside and the
 Appellant-accused is
 acquitted of the said
 offences.

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 (iii) If any fine is recovered from
 the Appellant, the same shall

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 be refunded to him.

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 (iv) The bail bonds of the

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 Appellant stand cancelled.

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 (v) The direction given by the
 Trial Court regarding
 muddemal is confirmed.

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 (vi) Appeal is accordingly allowed

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 in above terms.

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JUDGE

Mohammad Ali Mohammad Hussain Momin v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Mohammad Ali Mohammad Hussain Momin v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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