Page No.# 1/3 vs The State Of Assam
2022 Latest Caselaw 2903 Gua

                                                                       Page No.# 1/3

GAHC010153592022




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

                                   Case No. : Crl.A./177/2022

            MD. DILUWAR HUSSAIN AND ANR.
            S/O- MD. IMAN ALI, R/O- VILL.-NARAMARI, P.S. NAGAON SADAR, DIST.
            NAGAON, ASSAM

            2: MD. RASHIDUL HOQUE
             S/O- LATE NABI HUSSAIN
             R/O- VILL.- PUB NARAMARI
             P.S. NAGAON SADAR
             DIST. NAGAON ASSA

            VERSUS

            THE STATE OF ASSAM
            REPRESENTED BY THE P.P., ASSAM

Advocate for the Petitioner   : MR. N N B CHOUDHURY

Advocate for the Respondent : PP, ASSAM

             Linked Case : I.A.(Crl.)/425/2022

            MD. DILUWAR HUSSAIN AND ANR.
            S/O- MD. IMAN ALI
            R/O- VILL.-NARAMARI
            P.S. NAGAON SADAR
            DIST. NAGAON
            ASSAM

            2: MD. RASHIDUL HOQUE
            S/O- LATE NABI HUSSAIN
             R/O- VILL.- PUB NARAMARI
             P.S. NAGAON SADAR
             DIST. NAGAON
            ASSAM
                                                                             Page No.# 2/3

           VERSUS

           THE STATE OF ASSAM
           REPRESENTED BY THE P.P.
           ASSAM


           ------------
           Advocate for : MR. N N B CHOUDHURY
           Advocate for : PP
           ASSAM appearing for THE STATE OF ASSAM



                                  BEFORE
                    HONOURABLE MR. JUSTICE AJIT BORTHAKUR

                                        ORDER

Date : 10.08.2022

Heard Mr. N. N. B. Choudhury, learned counsel for the appellant. Also heard Ms. S. H. Bora, learned Addl. Public Prosecutor for the State/respondent.

This appeal is preferred under Section 374 Cr.P.C. against the judgment and order, dated 13.07.2022, passed by the learned Addl. Sessions Judge No.3 -cum- Special Judge, Nagaon in Special NDPS Case No. 27/2021, whereby the appellant is convicted and sentenced to undergo rigorous imprisonment for 10 years and to pay fine of Rs. 1 Lakh, in default, rigorous imprisonment for another six months under Section 20(b)(ii)(C) of the NDPS Act.

Appeal is admitted.

Issue notice.

No formal notice is required to be sent to respondent No. 1 as Ms. S. H. Bora, learned Addl. Public Prosecutor, Assam has accepted notice on behalf of the said respondent. Extra copy of the petition and the Annexures thereto be furnished to her.

Page No.# 3/3

Call for the case record along with the case diary.

List this matter on 13.09.2022.

Interlocutory application will be considered after receipt of the case record along with the case diary.

JUDGE

Comparing Assistant