Abdul Hussain Alias Abdul Hussain vs The State Of Assam
2025 Latest Caselaw 5295 Gua

Gauhati High Court

Abdul Hussain Alias Abdul Hussain vs The State Of Assam on 13 June, 2025

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GAHC010111892025




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

                                  Case No. : Crl.A./210/2025

            ABDUL HUSSAIN ALIAS ABDUL HUSSAIN
            C/O - SRI RAJAB ALI
            R/O - DHARMAPUR NO. 1,
            P.O. DHARMAPUR
            SUB DISTRICT - BIHPURIA
            DIST - LAKHIMPUR, ASSAM



            VERSUS

            THE STATE OF ASSAM
            REPRESENTED BY PP, ASSAM



Advocate for the Petitioner   : , MR SAURADEEP DEY,MR. Z H BORA

Advocate for the Respondent : ,




             WITH

            I.A.(Crl.)/613/2025

            ABDUL HUSSAIN
            C/O - SRI RAJAB ALI
            R/O - DHARMAPUR NO. 1

            P.O. DHARMAPUR
            SUB DIST - BIHPURIA
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          DIST - LAKHIMPUR
          ASSAM


          VERSUS

          THE STATE OF ASSAM
          REPRESENTED BY PP
          ASSAM


          ------------
          Advocate for :
          Advocate for : PP
          ASSAM appearing for THE STATE OF ASSAM

                                                    IN

                                               Crl.A./210/2025

                                BEFORE
              HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA

                                   ORDER

13.06.2025

1. Heard Mr. S. Dey, the learned counsel for the appellant. Also heard Mr. K. Baishya, the learned Additional Public Prosecutor appearing for the State of Assam.

2. This appeal has been filed under Section 415(2) of the BSSS, 2023 read with Section 36B of the NDPS Act, 1985 has been preferred by the appellant, namely, Sri Abdul Hussain @Abul Hussain impugning the Judgment and Order dated 20.03.2025 passed by the Court of the learned Special Judge, Lakhimpur, North Lakhimpur, in Special (NDPS) Case No. 10/2022, whereby the appellant was convicted under Sections 21(b) and Section 29 of the NDPS Act, 1985. He was sentenced to undergo rigorous imprisonment for 5 years and to pay a fine of Rs. 10,000/- and in default Page No.# 3/3

of payment of fine to undergo simple imprisonment of 6 months under Section 21(b) of the NDPS Act, 1985.

3. The appellant was also sentenced to undergo rigorous imprisonment for 3 years and to pay a fine of Rs. 5,000/- and in default of payment of fine to undergo simple imprisonment for 3 months under Section 29 of the NDPS Act, 1985.

4. The appeal is admitted.

5. Let the case records of Special (NDPS) Case No. 10/2022 be called for from the Trial Court.

6. List after receipt of the Trial Court records.

JUDGE

Comparing Assistant