Page No.# 1/2 vs State Of Assam
2023 Latest Caselaw 3402 Gua

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GAHC010191232023




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

                                 Case No. : Crl.A./313/2023

             SANJIT BASUMATARY AND ANR.
             S/O ROTNAL BASUMATARY,
             R/O BHAIRABPUR, P.S.- UDALGURI, DIST.- UDALGURI, ASSAM.

             2: NUPUL DAIMARI @ NUPUL DAIMARY
              S/O NIPEN DAIMARI

             R/O ANGRAJULI
             P.S.- UDALGURI
             ASSAM

             VERSUS

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



Advocate for the Petitioner   : MS. P BHATTACHARYA

Advocate for the Respondent : PP, ASSAM




                                   BEFORE
                      HONOURABLE MR. JUSTICE ROBIN PHUKAN

                                          ORDER

28.08.2023 Heard Ms. P. Borthakur, learned counsel for the appellants. Also heard Ms. S.H. Bora, learned Additional Public Prosecutor for the State respondent.

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This appeal under Section 374(2) of the Cr.P.C., the appellants, namely, 1. Sanjit Basumatary and 2. Nupul Daimari @ Nupul Daimary has put to challenge the correctness of the Judgment and Order dated 26.07.2023, passed by the learned Special Judge, Udalguri in Special (NDPS) Case No. 20/2019.

It is to be noted here that vide impugned Judgment and Order dated 26.07.2023, the learned Court below has convicted both the appellants under Section 20(b)(ii)(B) of the NDPS Act and sentenced them to suffer imprisonment for 1(one) year and also to pay a fine of Rs. 10,000/- (Rupees Ten Thousand) with default stipulation.

Perused the memo. of appeal and the documents placed on record.

Admit.

Let notice be issued to the respondents, returnable in 4 (four) weeks.

Steps be taken by registered post and also by usual process within a week from today.

No formal notice is required to be issued to the respondent No. 1, since Ms. Bora, learned Additional Public Prosecutor appeared and received notice on behalf of respondent No. 1. However, extra requisite copy of the petition be furnished to Ms. Bora during the course of the day.

Call for the record from the learned Court below.

List the matter after 4(four) weeks.

JUDGE

Comparing Assistant