Page No.# 1/2 vs Union Of India
2021 Latest Caselaw 650 Gua

                                                                      Page No.# 1/2

GAHC010029402021




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

                                  Case No. : 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, ANTI-SMUGGLING UNIT,
            CUSTOM DIVISION, GUWAHATI.



Advocate for the Petitioner   : MR. N AHMED

Advocate for the Respondent : SC, CUSTOMS
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                                    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.

This application under Section 374(2) of the Cr.P.C., read with Section 36(B) of Narcotic Drugs and Psychotropic Substances (N.D.P.S.) Act, 1985 has been preferred against 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) convicting and sentencing the accused -appellants namely 1. Shri Vikky Pachauri @ Vikash Pachauri and 2. Shri Anand Patel under Section 20(C) read with Section 29 of the NDPS Act, 1985 and sentenced them 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.

The appeal is admitted.

Call for the records.

A copy of the memo of appeal along with the document annexed thereto be furnished to the learned Addl.Public Prosecutor in the Course of the day.

List on 23.03.2021.

JUDGE

Comparing Assistant