Page No.# 1/2 vs The State Of Assam
2025 Latest Caselaw 9215 Gua

Gauhati High Court

Page No.# 1/2 vs The State Of Assam on 10 December, 2025

Author: M. Zothankhuma

Bench: Michael Zothankhuma

                                                                          Page No.# 1/2

GAHC010260342025




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

                                Case No. : CRL.A(J)/198/2025

              JUMI BHATTACHARJEE AND ANR
              D/O LATE BUNOI BHATTACHARJEE @ PRONOY BHATTACHARJEE, R/O
              WARD NO. 23, VIOLA COLONY, P.S. DIMAPUR WEST, DIST. DIMAPUR,
              NAGALAND.

              2: SMTI SUMA CHAKRABORTY
               D/O SHRI HORIPODO CHAKRABORTY
               R/O KACHARI GAON
               P.S. DIMAPUR WEST
               DIST. DIMAPUR NAGALAND

              VERSUS

              THE STATE OF ASSAM
              REPRESENTED BY PP, ASSAM.

Advocate for the Petitioner   : MR. S BISWAS, LEGAL AID COUNSEL

Advocate for the Respondent : PP, ASSAM,


                                        BEFORE
                      HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA
                        HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI

                                           ORDER

Date : 10.12.2025 (M. Zothankhuma, J)

Heard Mr. S. Biswas, learned Legal Aid Counsel for the appellants, who submits that though the appellants have been convicted under Section 21(C) NDPS Act, the alleged seizure made from each of the convicts was less than 200 grams. As such, Page No.# 2/2

Section 21(C) of the NDPS Act is not attracted.

The appeal has been filed against the impugned judgment dated 11.09.2025 passed by the learned Special Judge, Tinsukia, in NDPS Case No. 45(T)/2022, by which the appellants have been convicted under Section 21(C) and 29 of the NDPS Act.

Admit the appeal.

Call for the TCR.

Issue notice to the respondent.

Mr. R. R. Kaushik, learned Addl. PP accepts notice on behalf of the State.

List this matter after 4(four) weeks.

                                   JUDGE                                       JUDGE




Comparing Assistant