Dhiren Deka vs State Of Assam
2022 Latest Caselaw 3062 Gua

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GAHC010106642010




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

                                Case No. : Crl.A./96/2010

           DHIREN DEKA,
           S/O LATE DHARMAL DEKA, R/O VILL. NIZ-DALA, P.S. KALAIGAON, DIST.
           UDALGURI BTAD

           VERSUS

           STATE OF ASSAM,

Advocate for the Petitioner : MR.P SARMA
Advocate for the Respondent :

                                 BEFORE
                   HONOURABLE MR. JUSTICE AJIT BORTHAKUR

                                        ORDER

17.08.2022 Heard Mr. M. Dutta, learned Amicus Curiae and Mr. R. J. Baruah, learned Additional Public Prosecutor, Assam.

By this application under Section 374 Cr.P.C., the petitioner has prayed for setting aside the judgment and order dated 19.03.2010 passed by the learned Special Judge, Darrang Mangaldai in Spl.(N) Case No.7 of 2007 and convicting the accused appellant under Section 20(B)(II)(B)of the NDPS Act and sentencing him to undergo rigorous imprisonment for four years and to pay fine of Rs.25,000/- in default R.I. for one year.

The Superintendent of District Jail, Mangaldai has reported vide order Page No.# 2/2

No. MDJ.58/2022/1101 dated 17.08.2022 informing the learned Public Prosecutor that the appellant, Dhiren Deka who was convicted in the above noted case was released on expiry of the sentence on 28.12.2013 with the benefit of hazot period and remission earned.

In view of the above report showing that the appellant has already served out the sentence awarded as above, the instant criminal appeal has become infructuous.

Accordingly, the appeal stands closed on being infructuous.

The letter of the Superintendent District Jail, Mangaldai referred to above vide order No. MDJ.58/2022/1101 dated 17.08.2022 is taken on record.

JUDGE

Comparing Assistant