Gauhati High Court
Gulab Kr. Sah vs Union Of India And Anr on 15 July, 2024
Author: Manish Choudhury
Bench: Manish Choudhury
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GAHC010109122024
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Crl.)/610/2024
GULAB KR. SAH
S/O RAJESH SAH
R/O WARD NO. 16
VILL.- KHUTIYA
P.S.- MANSI
DIST.- KHAGARIA
STATE- BIHAR
PIN- 851214.
VERSUS
UNION OF INDIA AND ANR.
REP. BY THE STANDING COUNSEL
NCB.
2:CHANDRA SHEKHAR KUMAR SINGH
S/O LATE MITHILESH KUMAR SINGH
R/O NCB
LUKNOW
P.S.- MAHANAGAR
DIST.- LUKNOW
OCCUPATION SUPERINTENDENT
NCB LUCKNOW.
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Advocate for : MR B M DEKA
Advocate for : SC
NCB appearing for UNION OF INDIA AND ANR.
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BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA
ORDER
Date : 15.07.2024 [M. Choudhury, J] Heard Mr. D. Medhi, learned counsel for the applicant-appellant and Mr. S.C. Keyal, learned Standing Counsel, Narcotics Control Bureau.
2. The instant application is preferred under Section 389, Code of Criminal Procedure, 1973 [CrPC] seeking suspension of the execution of sentence passed against the applicant-appellant and for his release on bail. The applicant as the appellant has preferred the accompanying appeal, Crl.A. no. 205/2024 against a Judgment and Order dated 30.03.2024 passed by the court of learned Additional Sessions Judge No. 1, Kamrup [M], Guwahati ['the Special Court', for short] in NDPS Case no. 110/2021. By the Judgment and Order dated 30.03.2024, the learned Special Court has convicted the three accused persons including the applicant-appellant for the offence under Section 20[b][ii][C], Narcotic Drugs and Psychotropic Substances [NDPS] Act, 1985 read with Section 29, NDPSA Act. The applicant-appellant has been sentenced to undergo rigorous imprisonment for 20 [twenty] years and to pay a fine of Rs. 1,00,000/-, in default of payment of fine, to undergo simple imprisonment for further 3 [three] months.
3. Issue notice, returnable in 4 [four] weeks.
4. As Mr. Keyal, learned Standing Counsel, Narcotics Control Bureau has appeared and accepted notice on behalf of the opposite party no. 1, issuance of formal notice is dispensed with.
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5. The learned counsel for the applicant-appellant shall furnish a copy of the application along with annexures to Mr. Keyal within 2 [two] working days from today.
6. The learned Standing Counsel, Narcotics Control Bureau is to file objection to the instant application on or before the returnable date.
JUDGE JUDGE Comparing Assistant