Citation : 2025 Latest Caselaw 5156 Gua
Judgement Date : 30 May, 2025
Page No. 1/2
GAHC010109842025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Crl.)/556/2025
PAOKHANLAL MANLUN
SON OF ZILTONG MANLUN
RESIDENT OF VILLAGE SONJANG
SAGOLMANG
KANGPOKPI
MANIPUR
VERSUS
THE STATE OF ASSAM
REPRESENTED BY THE PP ASSAM
Advocate for : SABRISH AHMED
Advocate for : PP ASSAM appearing for THE STATE OF ASSAM
BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
HONOURABLE MRS. JUSTICE YARENJUNGLA LONGKUMER
ORDER
Date : 30.05.2025 [Manish Choudhury, J.]
Heard Mr. S. Ahmed, learned counsel for the applicant-appellant and Ms. A. Begum, learned Additional Public Prosecutor for the opposite party-respondent, State of Assam.
2. The present application under Section 430[1], Bharatiya Nagarik Suraksha Sanhita, 2023 is preferred seeking suspension of execution of the sentenced passed against the present applicant-appellant and for his release on bail. The applicant as the appellant has
preferred the accompanying criminal appeal, Criminal Appeal no. 195/2025 under Section 415[2], Bharatiya Nagarik Suraksha Sanhita [BNSS], 2023 to assail a Judgment dated 25.03.2025 and an Order on sentence dated 29.03.2025, passed by the Court of learned Additional Sessions Judge [FTC], Karbi Anglong, Diphu in NDPS Case no. 44/2023. By the said Judgment and Order, the applicant-appellant has been convicted for the offence under Section 21[c] of the Narcotic Drugs and Psychotropic Substances [NDPS] Act, 1985 and he has been sentenced to undergo rigorous imprisonment for 12 [twelve] years and to pay a fine of Rs. 1,00,000/-, in default of payment of fine, to undergo simple imprisonment for another 6 [six] months.
3. Issue notice, returnable in 4 [four] weeks.
4. As Ms. Begum, learned Additional Public Prosecutor, Assam has appeared and accepted notice on behalf of the opposite party-respondent, issuance of formal notice in respect of the said opposite party-respondent is dispensed with. The learned counsel for the applicant- appellant shall furnish an extra copy of the application along with annexures, to Ms. Begum within 3 [three] working days from today.
5. The objection on behalf of the opposite party-respondent, State is to be filed on or before the returnable date.
6. List the case after 4 [four] weeks.
JUDGE JUDGE Comparing Assistant
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