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2014 Supreme(Gau) 621

C.R.SARMA
Abdul Malik – Appellant
Versus
State of Assam – Respondent


Advocates:
Advocate Appeared:
For Appellant/Petitioner/Plaintiff:H.R.A. Choudhury, Sr. Advocate and Alamgir Hussain, Advocate
For Respondents/Defendant: A. Begum, Addl. P.P.

Judgment

C.R. Sarma, J.

1. Heard Mr. H.R.A. Choudhury, learned senior counsel assisted by Mr. M.H. Laskar, learned counsel for the appellants. Also heard Ms. A. Begum, learned Addl. PP. This appeal is directed against the judgment and order dated 27.4.2012 passed by the learned Special Judge, Karimganj in Special (NDPS) Case No. 2/2011, whereby the learned Special Judge convicted the appellants under Section 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as "the NDPS Act") and sentenced them to suffer rigorous imprisonment for 5 years and to pay fine of Rs. 15,000/- in default, suffer simple imprisonment for another period of 6 months each. Aggrieved by the said conviction and sentence the appellants have come up with this appeal.

2. The prosecution case, in brief, is that, on 12.3.2011, at about 10 A.M. the Deputy Commandant (General) SHO BSF Field Team, Silchar, on receipt of specific information regarding transportation of ganja, conducted a joint operation with police from Karimganj police station at Chorgola area under Karimganj police station. While conducting the said operation, they found the appellants coming in an Auto Rick




































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