Page No.# 1/3 vs Union Of India
2021 Latest Caselaw 649 Gua

                                                              Page No.# 1/3

GAHC010029402021




                      THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)


                                   I.A.(Crl.)/100/2021 in
                                    Crl.A./53/2021


         VIKKY PACHAURI @ VIKASH PACHAURI AND ANR.
         S/O- SHRI BASU RAM PACHAURI
         R/O- SHRI SANJAY YADAV
         VILL.- DHOOPCHANDI
         NATI-IMLI
         P.O. VESESHWARGANJ
         P.S. JETHPURA
         DIST.- VANARASI
         UTTAR PRADESH. ADDRESS PROVIDED BY SERVICE PROVIDER- SHRI
         VIKASH PACHAURI
         S/O- BASU RAM PACHAURI
         R/O- J-11/43
         A-17 VIJAY GRAM COLONY
         NAI BASTI NEAR LABOUR COURT
         VARANASI
         UTTAR PRADESH
         PIN- 221002.

         2: ANAND PATEL
         S/O- LATE BABULAL PATEL
         VILLAGE- J-13/42
          CHAUKAGHAT
          P.O. VISESHWARGANJ
          P.S. JATIPURA
          DIST.- VANARASI
          UTTAR PRADESH- 221002.
         VERSUS

         UNION OF INDIA
         REP. BY KSH
         ROJIKANTA SINGH
         INSPECTOR
                                                                                  Page No.# 2/3

         ANTI-SMUGGLING UNIT
         CUSTOM DIVISION
         GUWAHATI.


         ------------
         Advocate for : MR. N AHMED
         Advocate for : SC
         CUSTOMS appearing for UNION OF INDIA




                                  BEFORE
                    HONOURABLE MR. JUSTICE AJIT BORTHAKUR

                                          ORDER

24-02-2021 Heard Mr N. Ahmed, learned counsel for the applicants/appellants. Also heard Mr. S.C. Keyal, learned Standing Counsel for the Union of India.

By this Interlocutory Application under Section 389 Cr.P.C., the applicants/appellants namely 1. Shri Vikky Pachauri @ Vikash Pachauri and 2. Shri Anand Patel are convicted and sentenced to undergo Rigorous Imprisonment for 10 (ten) years each and to pay fine of Rs. 1,00,000/- (Rupees one lakh) each and in default of payment of fine, to undergo Simple Imprisonment for 6(six) months each vide the impugned Judgment and Order, dated 22.12.2020, passed by the learned Additional Sessions Judge, No.1 Kamrup(M) Guwahati in NDPS Case No. 62/2015 (Custom Case No. 01/CL/NARC/AS/GAU/2015-16).

On hearing the learned counsel for both sides and perusal of the impugned Judgment and Order, dated 22.12.2020 passed by the learned Additional Sessions Judge, No.1 Kamrup(M) Guwahati in NDPS Case No. 62/2015 (Custom Case No. 01/CL/NARC/AS/GAU/2015-16), it is provided that the operation of the sentence passed therein shall remain stayed till disposal of the connected Criminal Appeal No. 53/2021 and the applicants/appellants are Page No.# 3/3

allowed to remain on previous bail.

List on 20.03.2021.

JUDGE

Comparing Assistant