Ganesh Pathak vs The State Of Assam And Anr
2023 Latest Caselaw 490 Gua

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GAHC010089242022




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

                                  Case No. : Crl.A./33/2023

            GANESH PATHAK
            S/O LATE GANDHI PATHAK,
            VILL.- BHURKUCHI,
            P.S.- TIHU,
            DIST.- NALBARI, ASSAM.



            VERSUS

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

            2:BICHITRA KALITA
             S/O LATE MOHAN KALITA

            R/O I/C NORTH KUCHI P.P.
            P.S.- TIHU
             DIST.- NALBARI AND ALSO A RESIDENT OF VILL.- SONKANI

            P.O.- BORBARI

            P.S.- NALBARI

            DIST.- NALBARI
            ASSAM

Advocate for the Petitioner   : MR. B PHUKAN

Advocate for the Respondent : PP, ASSAM




                                          BEFORE
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                 HONOURABLE MR. JUSTICE KALYAN RAI SURANA

                                     ORDER

09.02.2023

Heard Mr. B. Phukan, learned counsel for the appellant as well as Ms. S.H. Bora, learned APP for the State.

This appeal under section 374(2) Cr.P.C. is directed against the judgment dated 08.03.2022 and sentence dated 10.03.2022 passed by the learned Special Judge, Nalbari in connection with NDPS case no.28/2019 convicting the appellant under section 20(b)(ii)(B) of the NDPS Act and sentencing on 10.03.2022 to undergo RI for 8 years and to pay fine of Rs.70,000/- only in default to undergo RI for 1 year.

Appeal is admitted for hearing.

Call for the records.

Extra copies of the writ petition be served on the learned APP appearing for the respondent no.1.

The appellant shall take steps within 2(two) days for service of notice on the respondent no.2 by registered post with A/D in both the addresses of the said respondent.

List the matter after 4(four) weeks.

JUDGE

Comparing Assistant