Agwma Basumatary vs The State Of Assam And Anr
2022 Latest Caselaw 4268 Gua

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GAHC010218992022




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

                             Case No. : Crl.A./279/2022

          AGWMA BASUMATARY
          S/O LT. NAGEN BASUMATARI,
          VILL.- NO. 1 DHANSIRIKHUTI,
          P.S.- ROWTA,
          DIST.- UDALGURI.

          VERSUS

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

          2:RITUPAL SAIKIA
           S/O ISWAR SAIKAI
           S.I OF ROWTA P.S. UDALGURI

Advocate for the Petitioner : MR. A BHATTACHARYA
Advocate for the Respondent : PP, ASSAM


                                 BEFORE
                   HONOURABLE MR. JUSTICE AJIT BORTHAKUR

                                     ORDER

03.11.2022

Heard Mr. A. Bhattacharya, learned counsel for the appellant also heard Ms. S. H. Borah, learned Additional Public Prosecutor appearing for the State respondent No.1.

By this application under Section 374(2) Cr.P.C., the petitioner has prayed for setting aside and quashing the judgment and order dated 14.09.2022 passed Page No.# 2/2

by the learned Special Judge cum District and Sessions Judge, Udalguri in Special (NDPS) No.2 of 2022 arising out of ROWTA PS Case No. 198/2021 U/S 20(b)(ii)(C) of NDPS Act.

The petition is admitted.

As Ms. S. H. Bora, learned Additional Public Prosecutor has entered appearance on behalf of the State respondent No.1, a copy of the memo of appeal along with the documents annexed thereto be furnished to her during the course of the day.

Call for the LCR.

Ms. S. H. Bora, learned Additional Public Prosecutor will file objection.

List the matter on 29.11.2022.

JUDGE

Comparing Assistant