Page No.# 1/3 vs The State Of Assam
2024 Latest Caselaw 5146 Gua

Gauhati High Court

Page No.# 1/3 vs The State Of Assam on 25 July, 2024

Author: Manash Ranjan Pathak

Bench: Manash Ranjan Pathak

                                                                      Page No.# 1/3

GAHC010294782023




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

                                    Case No. : Crl.A./56/2024

            ROMEN KUMAR AND ANR.
            S/O SURESH PRASAD YADAB,
            VILL.- GAUSHALA CHOWK KATIHAR, P.O. AND P.S.- KATIHAR, DIST.-
            KATIHAR, BIHAR.

            2: AMMA DEVI
            W/O SUBHASH SINGH

            VILL.- HARIMAR
            P.S.- HARIMAR
            DIST.- MUNGER
            BIHAR

            VERSUS

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



Advocate for the Petitioner   : MR. M A CHOUDHURY

Advocate for the Respondent : PP, ASSAM




             Linked Case : I.A.(Crl.)/204/2024

            ROMEN KUMAR AND ANR.
            S/O SURESH PRASAD YADAB
            VILL.- GAUSHALA CHOWK KATIHAR
            P.O. AND P.S.- KATIHAR
                                                                                  Page No.# 2/3

               DIST.- KATIHAR
               BIHAR.

              2: AMMA DEVI
              W/O SUBHASH SINGH

              VILL.- HARIMAR
              P.S.- HARIMAR
              DIST.- MUNGER
              BIHAR.
              VERSUS

              THE STATE OF ASSAM
              TO BE REP. BY THE P.P.
              ASSAM.


              ------------
              Advocate for : MR. M A CHOUDHURY
              Advocate for : PP
              ASSAM appearing for THE STATE OF ASSAM



                                           BEFORE
             HON'BLE MR. JUSTICE MANASH RANJAN PATHAK

                                            ORDER

25-07-2024

No representation on behalf of the appellants on call, though names of four counsels for the appellants have been reflected in the cause list.

Heard Ms. S. Jahan, learned Additional Public Prosecutor, Assam.

Both the appellants have been convicted and sentenced under Section 20 (b)(ii)(c)/29 of the NDPS Act by judgment and order dated 22.11.2023, passed by the learned Sessions Judge, Karimganj in Special NDPS Case No. 125/2022 sentencing them with Rigorous Imprisonment for 10 years with fine of Rs.1,00,000/-, in default Simple Imprisonment for one year.

This appeal has already been admitted for hearing by order dated 05.04.2024.

Registry has already received the record of Special NDPS Case No. 125/2022 from the Page No.# 3/3

Court of learned Sessions Judge, Karimganj.

The appellants as applicants have also filed an application under Section 389 CrPC praying for suspension of the sentence and to release them on bail during pendency of this appeal, wherein the Court earlier issued notice on 05.04.2024, in which the State has filed its objection on 22.04.2024.

List this matter after four weeks, on a date to be fixed by the Registry.

JUDGE

Comparing Assistant