Gulab Kr. Sah vs Union Of India And Anr
2024 Latest Caselaw 4830 Gua

Gauhati High Court

Gulab Kr. Sah vs Union Of India And Anr on 15 July, 2024

Author: Manish Choudhury

Bench: Manish Choudhury

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GAHC010109122024




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

                           Case No. : I.A.(Crl.)/610/2024



         GULAB KR. SAH
         S/O RAJESH SAH
         R/O WARD NO. 16
         VILL.- KHUTIYA
         P.S.- MANSI
         DIST.- KHAGARIA
         STATE- BIHAR
         PIN- 851214.


          VERSUS

         UNION OF INDIA AND ANR.
         REP. BY THE STANDING COUNSEL
         NCB.

         2:CHANDRA SHEKHAR KUMAR SINGH
         S/O LATE MITHILESH KUMAR SINGH

         R/O NCB
         LUKNOW
         P.S.- MAHANAGAR
         DIST.- LUKNOW
         OCCUPATION SUPERINTENDENT
         NCB LUCKNOW.
         ------------
         Advocate for : MR B M DEKA
         Advocate for : SC
         NCB appearing for UNION OF INDIA AND ANR.
                                                                       Page No.# 2/3

                                  BEFORE
                 HONOURABLE MR. JUSTICE MANISH CHOUDHURY
                HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA

                                     ORDER

Date : 15.07.2024 [M. Choudhury, J]

Heard Mr. D. Medhi, learned counsel for the applicant-appellant and Mr. S.C. Keyal, learned Standing Counsel, Narcotics Control Bureau.

2. The instant application is preferred under Section 389, Code of Criminal Procedure, 1973 [CrPC] seeking suspension of the execution of sentence passed against the applicant-appellant and for his release on bail. The applicant as the appellant has preferred the accompanying appeal, Crl.A. no. 205/2024 against a Judgment and Order dated 30.03.2024 passed by the court of learned Additional Sessions Judge No. 1, Kamrup [M], Guwahati ['the Special Court', for short] in NDPS Case no. 110/2021. By the Judgment and Order dated 30.03.2024, the learned Special Court has convicted the three accused persons including the applicant-appellant for the offence under Section 20[b][ii][C], Narcotic Drugs and Psychotropic Substances [NDPS] Act, 1985 read with Section 29, NDPSA Act. The applicant-appellant has been sentenced to undergo rigorous imprisonment for 20 [twenty] years and to pay a fine of Rs. 1,00,000/-, in default of payment of fine, to undergo simple imprisonment for further 3 [three] months.

3. Issue notice, returnable in 4 [four] weeks.

4. As Mr. Keyal, learned Standing Counsel, Narcotics Control Bureau has appeared and accepted notice on behalf of the opposite party no. 1, issuance of formal notice is dispensed with.

Page No.# 3/3

5. The learned counsel for the applicant-appellant shall furnish a copy of the application along with annexures to Mr. Keyal within 2 [two] working days from today.

6. The learned Standing Counsel, Narcotics Control Bureau is to file objection to the instant application on or before the returnable date.

                                    JUDGE               JUDGE




Comparing Assistant