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2018 Supreme(Gau) 1425

AJIT BORTHAKUR
Swapan Mazumdar S/O Late Santosh Mazumdar – Appellant
Versus
State of Assam, Represented by PP – Respondent


Advocates Appeared:
For the Petitioner: Mr. M Biswas
For the Respondent: Mr. T. K. Mishra, learned Additional Public Prosecutor

JUDGMENT & ORDER :

Heard Mr. M. Biswas, learned counsel appearing for the appellant and Mr. T. K. Mishra, learned Additional Public Prosecutor appearing for the State of Assam.

2. This is an appeal under Section 374 of the Code of Criminal Procedure, 1973 (for short ‘Cr.P.C.’) preferred against the judgment and order, dated 31.03.2018, passed by the learned Sessions Judge, Kamrup (Metro) at Guwahati in NDPS Case No. 87/2017, whereby the appellant is convicted and sentenced to undergo rigorous imprisonment for 10(ten) years and to pay fine of Rs. 1,00,000/- (Rupees One lakh only), in default to suffer rigorous imprisonment for another 6 (six) months, under Section 21(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘N.D.P.S. Act’).

APPELLANT’S CASE:

3. The appellant’s case, precisely, is that one S.I. Biswajit Rabha of Guwahati G.R.P.S., lodged an F.I.R., on 20.06.2017, with the Officer in-Charge of Guwahati G.R.P.S. alleging, that on 20.06.2017 at about 9:30 PM, the train checking party comprised of ASI Shranan Kumar Jha along with GRP and CRPF personnel, in course of checking the Coach No. B/1 of train No. 12526 Dn. Indrani Express, while standing at Guwahati









































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