Citation : 2025 Latest Caselaw 2038 Gua
Judgement Date : 6 August, 2025
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GAHC010231702024
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : CRL.A(J)/126/2024
MD. SURAJ ALI @ SURUJ ALI
S/O RUSTOM ALI, R/O VILL- BALIJAN NEAR KABARSTHAN, P.S.-
KHATKHATI, DIST- KARBI ANGLONG
VERSUS
THE STATE OF ASSAM
REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
Advocate for the Petitioner : X,
Advocate for the Respondent : PP, ASSAM,
BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
ORDER
Date : --06.08.2025
Mr. M.P. Goswami, learned Additional Public Prosecutor for the respondent no. 1, State of Assam is in attendance.
2. This criminal appeal from jail is preferred preferred against a Judgment date 30.01.2024 and an Order on Sentence dated 02.02.2024 passed by the Court of learned Special Judge, NDPS, Karbi Anglong at Diphu ['the Special Court', for short] in NDPS Case no.
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12/2022. By the Judgment and the Order on Sentence, the accused-appellant has been convicted for the offence under Section 21[c] of the Narcotic Drugs and Psychotropic Substances [NDPS] Act, 1985 and he has been sentenced to undergo rigorous imprisonment for 10 [ten] years and to pay a fine of Rs. 1,00,000/-, in default of payment of fine, to undergo simple imprisonment for another six months.
3. I have gone through the grounds urged in the memorandum of appeal.
4. The criminal appeal is admitted for hearing.
5. The case records of NDPS Case no. 12/2022 be called for.
6. Issue notice, returnable in 4 [four] weeks.
7. As Mr. Goswami, learned Additional Public Prosecutor has appeared and accepted notice for the respondent no. 1, State of Assam, formal notice need not be issued to the said respondent.
8. To represent the accused-appellant in the instant appeal, this Court deems it proper to appoint Sri Arunav Phukan, learned counsel from the panel of Amicus Curiae.
9. Registry to reflect the name of Mr. Arunav Phukan, learned Amicus Curiae in the Cause-List and he shall be furnishing the necessary case papers in a period of one week from today.
JUDGE
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