Madhu Gupta vs The State Of Assam And Anr
2021 Latest Caselaw 1150 Gua

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GAHC010052022021




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

                                Case No. : Crl.A./84/2021

            MADHU GUPTA
            S/O- LATE AMIT GUPTA, R/O- U-98, MANGALPURI N BLOCK, SARASWATI
            VIHAR, P.S. MANGALPURI, NORTH WEST DELHI, PIN- 110083.


            VERSUS


            THE STATE OF ASSAM AND ANR.
            REP. BY P.P., ASSAM


            2:SI (UB) BISWAJIT RABHA
             S/O- LATE RAM PRASAD RABHA
            R/O- PANJABARI
             GUWAHATI
             P.S. SATGAON
             DIST.- KAMRUP(M)
             ASSAM AND OFFICE ADDRESS- GUWAHATI RAILWAY POLICE STATION
            (GRPS)
             RAILWAY STATION
             PANBAZAR
             GUWAHATI
             DIST.- KAMRUP(M)
             ASSAM


Advocate for the Petitioner   : MS. S K NARGIS

Advocate for the Respondent : PP, ASSAM

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BEFORE HON'BLE MR. JUSTICE HITESH KUMAR SARMA

24-03-2021

This is an appeal under Section 374(2) of the Code of Criminal Procedure, 1973, seeking suspension of the judgment and order dated 23.02.2021 passed in NDPS Case No.16/2019 by the learned Special Judge (NDPS), Kamrup (Metro), Guwahati, convicting and sentencing the appellant to undergo rigorous imprisonment for 10(ten) years and to pay fine of Rs.1,00,000/- with a default clause for offence under Section20(b)(ii)(C) of the NDPS Act.

Heard Ms. B. Hazarika, learned counsel for the appellant.

Mr. H. Sarma, learned Additional Public Prosecutor, Assam appears and accepts notice on behalf of Respondent No.1.

Hence, no formal notice need be issued upon the said Respondent No.1.

Issue notice upon Respondent No.2 under registered post with A/D as well as through the Officer-in-Charge of the jurisdictional police station.

Steps be taken within five days.

On hearing the learned counsel for both the sides, and on perusal of the impugned judgment, the appeal is admitted.

Call for the LCR.

List this matter after receipt of the LCR and upon service of notice on Respondent No.2, in the third week of May, 2021.

JUDGE

Comparing Assistant