Page No. 1/3 vs The State Of Assam
2025 Latest Caselaw 5795 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. : I.A.(Crl.)/689/2025


         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
         MANIPUR

          VERSUS

         THE STATE OF ASSAM
         REP. BY THE PP
                                                                                   Page No. 2/3

            ASSAM.

            Advocate for : MR. D GOSWAMI
            Advocate for : PP ASSAM appearing for THE STATE OF ASSAM


                                   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 applicants-appellants and Mr. R.R. Kaushik, learned Additional Public Prosecutor for the opposite party-respondent no. 1, State of Assam.

2. The present application under Section 430, Bharatiya Nagarik Suraksha Sanhita [BNSS], 2023 is preferred seeking suspension of execution of the sentenced passed against the present applicants-appellants and for their release on bail. The applicants as the appellants have preferred the accompanying criminal appeal, Criminal Appeal no. 230/2025 to assail 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 applicants-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. Issue notice, returnable in 4 [four] weeks.

4. As Mr. Kaushik has appeared and accepted notice for the opposite party-respondent no. 1, issuance of formal notice to the said respondent is dispensed with. The learned counsel for the applicants-appellants shall serve an extra copy of the application along with

annexures, to Mr. Kaushik within 3 [three] working days from today.

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

6. The learned Additional Public Prosecutor shall make endeavour in filing objection to the instant interlocutory application on the next date of listing.

                                                           JUDGE                      JUDGE




Comparing Assistant