Ali Hussain @ Dukhiya vs The State Of Assam And Anr
2022 Latest Caselaw 4463 Gua

                                                              Page No.# 1/2

GAHC010228012022




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

                                 Case No. : Crl.A./293/2022

            ALI HUSSAIN @ DUKHIYA
            S/O LATE JALAL UDDIN,
            VILL.- DUPAGURI PATHAR,
            P.O. AND P.S.- DIHING,
            DIST.- NAGAON, ASSAM.



            VERSUS

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

            2:AJAY BARMAN
             S.I OF POLICE
             S/O LATE MAKHAN LAL BARMAN

            R/O DHING

            P.S.- DHING POLICE STATION

            DIST.- NAGAON (ASSAM)

Advocate for the Petitioner   : MR H R A CHOUDHURY

Advocate for the Respondent : PP, ASSAM




                                   BEFORE
                      HONOURABLE MR. JUSTICE ROBIN PHUKAN
                                   ORDER

14.11.2022 Page No.# 2/2

Heard Mr. I.U. Choudhury, learned counsel for the appellant and Ms. S.H. Bora, learned Addl. P.P. for the State respondent.

This application under section 374[2] of Cr.P.C. is directed against the judgment and order dated 01.10.2022 passed by the learned Special Judge no. 2, Nagaon in Special NDPS case no. 194/2021.

It is to be noted here that vide judgment and order dated the learned court below has convicted the appellant under section 22[C] of NDPS Act and sentenced to suffer rigorous imprisonment for 10 years and to pay a fine of Rs. 1,00,000/- with default stipulation.

Perused the petition and the grounds admit. Let the notice be issued to the respondent no. 2 returnable in 4 weeks by registered post with A/D and usual process within a week from today. As Ms. Bora has appeared and accepted notice on behalf of the sole respondent no formal notice is required to be issued. However extra requisite copy of the petition be furnished to her during the course of the day.

Call for the record from the learned court below. List the case after 4 weeks.

JUDGE

Comparing Assistant