Banamali Sarkar vs The State Of Assam And Anr
2022 Latest Caselaw 4836 Gua

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GAHC010246532022




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

                                Case No. : Crl.A./326/2022

           BANAMALI SARKAR
           S/O LATE PULEN CH. SARKAR,
           R/O JELKAJHAR, PATGIRI,
           P.S. AND DIST.- BONGAIGAON.


           VERSUS

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

           2:KULENDRA KR. HUJURI
            S/O UMESH CH. HUJURI
            S.I OF BONGAIGAON POLICE STATION
            PIN- 783380
           ASSAM

Advocate for the Petitioner : MS M DAS
Advocate for the Respondent : PP, ASSAM




                                  BEFORE
                   HONOURABLE MR. JUSTICE SUMAN SHYAM
                 HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA

                                          ORDER

Date : 07-12-2022 Suman Shyam, J Heard Ms. M. Das, learned counsel for the appellant.

Assailing the judgment and order dated 30-09-2022 passed by the learned Special Page No.# 2/2

Judge, Bongaigaon in Special (Nar) Case No. 46(BGN)/2021 convicting the appellant

under Section 20(C) of the NDPS Act and sentencing him to undergo rigorous

imprisonment for 12 years and also to pay fine of Rs. 1,00,000/- with default stipulation,

the instant appeal has been preferred.

We have gone through the impugned judgment and also heard the submission of

the learned counsel for the appellant.

Ms. B. Bhuyan, learned Sr. counsel (Addl. P.P. Assam) assisted by Ms. M.

Chakraborty, learned counsel has appeared on behalf of the State.

Admit the appeal.

Call for the LCR.

Issue notice returnable in 06 weeks.

Since Ms. Chakraborty has accepted notice on behalf of respondent No. 1, no

formal notice is required to be sent to the said respondent.

Since the respondent No. 2 is the Police Inspector, service of notice is not

considered necessary and the matter is deemed to be ready as regards service.

Registry to list this case immediately on receipt of LCR.

                          JUDGE                       JUDGE
GS


Comparing Assistant