Page No.# 1/2 vs The State Of Assam
2025 Latest Caselaw 2672 Gua

Gauhati High Court

Page No.# 1/2 vs The State Of Assam on 11 August, 2025

Author: Manish Choudhury

Bench: Manish Choudhury

                                                                         Page No.# 1/2

GAHC010126482025




                                                                  undefined

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

                                  Case No. : Crl.A./278/2025

            AKASH YADAV AND ANR
            S/O SRI RAJPATI YADAV,
            R/O VILLAGE HAIBATPUR,
            P.S. MEHNOJPUR,
            DIST - AJAMGOR, UTTAR PRADESH

            2: BIRENDRA VERMA
             S/O SRI RAMAPATI VERMA

            R/O HOUSE NO.136 MAKHDOMPUR

            P.S. KHATAHAN

            DIST JAUNPUR
            UTTAR PRADES

            VERSUS

            THE STATE OF ASSAM
            REP BY THE PP, ASSAM

            2:OMAR FARUK
             S/O LATE SAMSUL HOQUE

            R/O MANGALDAI

            PS. MANGALDAI

            DIST DARRANG
            ASSA

Advocate for the Petitioner   : SANJAY KRISHNA DAS, A GHOSAL,MR. M BISWAS,MR. A
TALUKDAR
                                                                                     Page No.# 2/2

Advocate for the Respondent : PP, ASSAM,

                                     BEFORE
                    HONOURABLE MR. JUSTICE MANISH CHOUDHURY
                                     ORDER

11.08.2025

Heard Ms. A.K. Chophi, learned counsel appearing on behalf of Mr. M. Biswas, learned counsel for the appellants and Mr. R.R. Kaushik, learned Additional Public Prosecutor for the respondent no. 1, State of Assam.

This criminal appeal under Section 415[2], Bharatiya Nagarik Suraksha Sanhita [BNSS], 2023 is directed against a Judgment dated 25.02.2025 passed by the Court of learned Special Judge, Darrang in Special [NDPS] Case no. 23/2022. By the Judgment dated 25.02.2025, the appellants have been convicted for the offence under Section 22[b][ii][C] of the Narcotic Drugs and Psychotropic Substances Act, 1985 and they have been sentenced to undergo rigorous imprisonment for 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. I have gone through the grounds urged in the memorandum of appeal. The criminal appeal is admitted for hearing.

Let the case records of Special [NDPS] Case no. 23/2022 be called for. Issue notice, returnable in 4 [four] weeks.

As Mr. Kaushik, learned Additional Public Prosecutor has appeared and accepted notice on behalf of the respondent no. 1, issuance of formal notice to the respondent no. 1 is dispensed with. The learned counsel for the appellants shall furnish requisite an extra copy of the criminal appeal along with the annexures, to Mr. Kaushik within 3 [three] working days from today.

The appellants shall take steps for service of notice upon the respondent no. 2 by registered post with A/D as well as by usual process within 3 [three] working days from today.

List the case after 4 [four] weeks.

JUDGE

Comparing Assistant