Tripura High Court

The State Of Tripura vs Jayanta Chandra Naha on 5 May, 2025

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                       HIGH COURT OF TRIPURA
                             AGARTALA
                         Crl. A. No.31 of 2024

The State of Tripura
                                                            ----Appellant(s)
                                  Versus

Jayanta Chandra Naha
                          [---
                                                 ----Respondent(s)

_________________________________________________________ For Appellant(s) : Mr. Raju Datta, P.P. Mr. Rajib Saha, Addl. P.P.

For Respondent(s) : Mr. Anjan Kanti Pal, Adv. _________________________________________________________

HON'BLE MR. JUSTICE BISWAJIT PALIT

Order 05/05/2025

Learned P.P., Mr. Raju Datta along with Learned Addl. P.P.,

Mr. Rajib Saha is present on behalf of the appellant-State. Learned

Counsel, Mr. Anjan Kanti Pal is present on behalf of the respondent-

accused.

Chapter V Rule 2 of the High Court of Tripura Rules refers

jurisdiction of Division Bench. Sub-rule (xxxiv) of Rule 2 prescribed

as under:

"(xxxiv) All criminal appeals/revisions petitions filed challenging the order of acquittal involving offences where maximum punishment prescribed for involve offence is imprisonment for ten years or more."

This appeal is preferred challenging the judgment and

order of acquittal dated 12.09.2024 passed by Learned Special

Judge (NDPS), Sepahijala Tripura, Sonamura in connection with

case No.Special (NDPS) 33 of 2024 under Sections

20(b)(ii)(C)/25/29 of NDPS Act.

Further, Section 20(b)(ii)(C) of NDPS Act provides that:

"(C) and involves commercial quantity, with rigorous imprisonment for a term which shall not be less than ten years but which may extend to twenty years and shall also be liable to fine which shall not be less than one lakh rupees but which may extend to two lakh rupees".

From the aforesaid provision it appears that in a case

involving commercial quantity, the punishment shall not be less

than ten years but which may extend to twenty years and shall

also be liable to fine which shall not be less than one lakh rupees

but which may extend to two lakh rupees.

In view of the above, this present matter is required to

be placed before the Division Bench instead of Single Bench.

So, Registrar (Judicial) be asked to place the matter

before the appropriate bench for disposal accordingly.

JUDGE

Snigdha

MOUMIT Digitally signed by MOUMITA DATTA

A DATTA Date: 2025.05.06 17:13:36 +05'30'