Page No.# 1/2 vs The State Of Assam
2022 Latest Caselaw 4310 Gua

                                                                        Page No.# 1/2

GAHC010153592022




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

                              Case No. : 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
            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 ROBIN PHUKAN

                                        ORDER

Date : 04.11.2022

Heard Mr. NNB Choudhury, learned counsel for the applicant and Ms. B Bhuyan, learned Addl. PP appearing for the State Respondent, Assam.

Page No.# 2/2

This is an application under Section 389 Cr.P.C., preferred by the applicant for suspension of sentence vide the judgment and order dated 13.07.2022 passed by the learned Additional Sessions Judge No.3 cum Special Judge, Nagaon in Special NDPS Case No.27/2021 whereby the applicant was convicted and sentenced to suffer RI for 10 (ten) years and also to pay a fine of Rs.1,00,000/- with default stipulation under Section 20(b)(ii)(C) of the NDPS Act.

Office Note dated 20.10.2022 indicates that the State has already filed their written objection but Ms. B Bhuyan, learned Addl. PP submits that the copy of the written objection is not available with her and therefore prays for listing the matter after 1 (one) week.

Prayer is allowed.

Lit the matter on 21.11.2022.

JUDGE

Comparing Assistant