Case No. : Crl.A./16/2022 vs The State Of Assam
2022 Latest Caselaw 1366 Gua

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GAHC010013122022




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

                              Case No. : Crl.A./16/2022
            BENJAMIN BASUMATARY @ BINJAMIN BASUMATARY
            S/O BERNUT BASUMATARY @ BERANATH BASUMATARY
            RESIDENT OF VILLAGE KALAMANI PATH,
            PO PATHAKPUR, PS MAZBAT, DIST UDALGURI, BTAD


            VERSUS

            THE STATE OF ASSAM.
            REPRESENTED BY PP, ASSAM.

Advocate for the Petitioner   : MR S BORTHAKUR

Advocate for the Respondent : PP, ASSAM


                                   BEFORE
                  HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

                                          ORDER

26.04.2022 Heard Shri S. Borthakur, learned counsel for the applicant/appellant who by means of the application filed under Section 389 of the Cr.PC. has prayed for suspension of the judgment and order dated 15.12.2021 passed by the learned Sessions Judge, Sonitpur in Special NDPS Case No. 02/2018 whereby the appellant has been convicted and sentenced under Section 20(b)(ii)(B) of Narcotic Drugs and Psychotropic Substance Act, 1985 to rigorous imprisonment for a period of 8 (eight) years and also to pay a fine of Rs.1,00,000/- (Rupees One Lakh) and in default undergo simple imprisonment for 6 (six) months.

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In support of his prayer for bail, the learned counsel has cited certain grounds. He has submitted that in the trial he could not be proved from whose possession the contraband was seized as there was two accused and even the Malkhana Register has not been exhibited.

Also heard Shri B. B. Gogoi, learned Addl. PP, Assam who submits that the judgment appears to be in order and therefore granting of bail at this stage may not be proper.

After hearing the parties, this Court is of the opinion that instead of deciding the Interlocutory application which is being filed for bail which would also required some efforts to go through the depositions and other materials on record, the appeal itself can be taken up for final disposal. Since the appeal has already been admitted and pursuant of the order of this Court the LCR has also been received, Shri S. Borthakur, the learned counsel for the appellant undertakes to compile the relevant documents including the depositions by way of a Paper Book so as to facilitate the hearing of this case.

A copy of the same may also be furnished to the learned Addl. PP for better assistance.

After preparation of the Paper Book the parties are at liberty to make a mention on this matter to fix a date of hearing.

JUDGE

Comparing Assistant