Page No. 1/3 vs The State Of Assam
2025 Latest Caselaw 5791 Gua

Gauhati High Court

Page No. 1/3 vs The State Of Assam on 26 June, 2025

Author: Manish Choudhury

Bench: Manish Choudhury

                                                                           Page No. 1/3

GAHC010126202025




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

                                  Case No. : Crl.A./230/2025

            KAMAL HASSAN AND 2 ORS
            S/O. MD. KAMRUL HAQUE, RESIDENT OF THOUBAL MOIJING,
            KHONGMANUNG, MOIJING, THOUBAL, PIN-795138, P/S- AND P/O-
            THOUBAL, DISTRICT- THOUBAL, MANIPUR

            2: SAGIR AHMED
             S/O. SAMIUDDIN
             RESIDENT OF MAYAI
             LEIKAI
             MOIJING
            THOUBAL
             PIN-795138
             P/S AND DIST. THOUBAL
             MANIPUR

            3: RAQUBUL HASSAN
             S/O. MD. RAHAMAD
             RESIDENT OF TOMEI
            THOUBAL
             PIN-795138
             PS AND P/O- THOUBAL
             DISTRICT- THOUBAL
             MANIPU

            VERSUS

            THE STATE OF ASSAM
            REP. BY THE PP, ASSAM.

Advocate for the Petitioner   : MR. D GOSWAMI, K H SAIKIA,MR. J KALITA

Advocate for the Respondent : PP, ASSAM,
                                                                                   Page No. 2/3


                                   BEFORE
                  HONOURABLE MR. JUSTICE MANISH CHOUDHURY
                   HONOURABLE MRS. JUSTICE MITALI THAKURIA

                                          ORDER

Date : 26.06.2025 [Manish Choudhury, J.]

Heard Mr. D. Goswami, learned counsel for the accused-appellants and Mr. R.R. Kaushik, learned Additional Public Prosecutor for the respondent no. 1, State of Assam.

2. This criminal appeal under Section 415[2], Bharatiya Nagarik Suraksha Sanhita [BNSS], 2023 read with Section 36B, Narcotic Drugs and Psychotropic Substances Act, 1985 is preferred against a Judgment dated 03.05.2025 and an Order on Sentence dated 07.05.2025 passed by the Court of learned Special Judge [NDPS], Karbi Anglong, Diphu in NDPS Case no. 06/2023. By the Judgment and the Order on Sentence, the accused-appellants have been convicted for the offences under Section 22[c] of the Narcotic Drags and Psychotropic Substance [NDPS] Act, 1985 and they have been sentenced to undergo rigorous imprisonment for twelve years each and to pay a fine of Rs. 1,00,000/- each, in default of payment of fine, to undergo simple imprisonment for one year each.

3. We have gone through the contents of the memo of the criminal appeal.

4. The criminal appeal is admitted for hearing.

5. The case records of NDPS Case no. 06/2023 be called for.

6. Issue notice, returnable in 4 [four] weeks.

7. As Mr. Kaushik has appeared and accepted notice in respect of the respondent no. 1, issuance of formal notice in respect of the said respondent stands dispensed with. The learned counsel for the accused-appellants shall serve a copy of the memo of appeal along with annexures, to Mr. Kaushik within 3 [three] working days from today.

8. List the case after 4 [four] weeks.

                                            JUDGE     JUDGE



Comparing Assistant