Md Eyashin Ali @ Eyasin Ali vs Union Of India
2023 Latest Caselaw 3165 Gua

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GAHC010001552017




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

                                  Case No. : Crl.A./138/2018

             MD EYASHIN ALI @ EYASIN ALI
             S/O ABDUL MAJID, VILL. KAMALPUR, P.S. BARPETA, DIST. BARPETA,
             ASSAM.



             VERSUS

             UNION OF INDIA,
             REPRESENTED BY NCB



Advocate for the Petitioner   : MR. A H MOLLAH

Advocate for the Respondent : ASSTT.S.G.I.

BEFORE THE HON'BLE MR. JUSTICE ARUN DEV CHOUDHURY Order

16.08.2023

Heard Ms. S. K. Nargis, learned counsel for the appellant. Also heard Mr. S. C. Keyal, learned Standing Counsel for the NCB.

It is submitted by the learned counsel for the appellant that the appellant Page No.# 2/2

was convicted by the learned Special Judge, Kamrup (M), Guwahati vide Judgment and Order dated 26.07.2017 (sentence pronounced on 28.07.2017) in NDPS Case No. 01/2015 under Section 17(C)/29 of the NDPS Act, and was sentenced to undergo rigorous imprisonment for 10 (ten) years with fine of Rs. 1 (one) lakh in default imprisonment for another 6 (six) months.

It is submitted that the appellant has already served the sentence, however, the Superintendent of Barpeta Central Jail has not released him till date.

Mr. S. C. Keyal, learned Standing Counsel for the NCB admits to the fact that the accused/appellant has already undergone the sentenced.

If that be so, the Superintendent of Barpeta Central Jail, shall release the accused/appellant from the custody if not in custody in connection with any other case in view of the fact that the sentenced passed by the learned Special Judge, Kamrup (M) Guwahati, vide Judgment and Order dated 26.07.2017 (sentence pronounced on 28.07.2017) in NDPS Case No. 01/2015 under Section 17(C)/29 of the NDPS Act has already been completed.

With the aforesaid, this Crl.A./138/2018 is disposed of.

JUDGE

Comparing Assistant