Gauhati High Court
Debojit Gogoi vs The State Of Assam And Anr on 17 May, 2022
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GAHC010186662021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Crl.)/498/2021
DEBOJIT GOGOI
S/O KUNJA GOGOI, R/O JYOTINAGAR P.S. AND DIST. GOLAGHAT, ASSAM
VERSUS
THE STATE OF ASSAM AND ANR.
REP. BY THE PP, ASSAM
2:NARENDRA NATH BARIK
S/O LT. DEBEN BARIK
SI OF GOLAGHAT POLICE STATION
R/O JORHAT P.S. JORHAT ASSA
Advocate for the Petitioner : MR. R J DAS
Advocate for the Respondent : PP, ASSAM
Linked Case : Crl.A./186/2021
DEBOJIT GOGOI
S/O KUNJA GOGOI
R/O JYOTINAGAR P.S. AND DIST. GOLAGHAT
ASSAM
VERSUS
THE STATE OF ASSAM AND ANR.
REP. BY THE PP
ASSAM
2:NARENDRA NATH BARIK
S/O LT. DEBEN BARIK
SI OF GOLAGHAT POLICE STATION
R/O JORHAT P.S. JORHAT ASSAM
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Advocate for : MR. R J DAS
Advocate for : PP
ASSAM appearing for THE STATE OF ASSAM AND ANR.
BEFORE
HONOURABLE MR. JUSTICE AJIT BORTHAKUR
ORDER
Date : 17.05.2022
Heard Mr. R. J. Das, learned counsel for the applicant and Mr. R. J. Baruah,
learned Addl. Public Prosecutor, Assam for the State respondent.
This interlocutory application under Section 389 of the Code of Criminal
Procedure has been filed by the applicant, seeking suspension of the judgement and
order dated 04.10.2021 passed by the learned District and Sessions Judge, Golaghat
in Spl. (NDPS) Case No. 08/2019.
The record of Spl.(NDPS) Case No. 08/2019 of the Court of learned Special
Judge, Golaghat along with the connected record of Crl. Appl. No. 186/2021 is placed
before the Court.
The prosecution case, in brief, is that on 01.04.2019 at about 8.45 AM, on the
basis of secret information received and as per the approval of Superintendent of
Police, Golaghat, the informant conducted search in a vehicle bearing registration No.
AS01-AU-8094 at the premises of the rented house of the present accused applicant
and recovered 92 Kg. of suspected cannabis from the secret chamber of the said
vehicle and seized the same. The accused was arrested and sent the samples of the
seized material to the FSL for chemical test.
Perused the grounds for appeal in the aforesaid connected appeal and perused
the impugned judgment and evidence on record.
On scrutiny of the evidence tendered by the prosecution witnesses numbering 8
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(eight) and the explanations given by the accused applicant against the incriminating
material that emerged from evidence, recorded under Section 313 Cr.P.C., this Court
finds, subject to indepth scrutiny of evidence and hearing of both sides in the
connected appeal, that there is prima facie sufficient incriminating evidence against
the accused applicant.
Therefore, the prayers for suspension of sentence and release of the accused
applicant pending appeal are rejected.
Accordingly, this interlocutory application stands disposed of.
JUDGE
Comparing Assistant
