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2022 Supreme(Gau) 1077

ROBIN PHUKAN
Swarangsa Basumatary, S/O Sri Santosh Basumatatri – Appellant
Versus
State Of A. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. K. Bhattacharjee
For the Respondent: Mr. T. Ete, Addl. P P of AP

JUDGMENT :

1. This appeal is directed against the judgment and order, dated 11.06.2018, passed by the learned Special Judge (NDPS) Act, West Sessions Division at Bomdila in NDPS Case No. 01/2017, under Section 20(B) of the NDPS Act. It is to be noted here that vide impugned judgment and order, dated 11.06.2018, the learned Court below has convicted the accused appellant under Section 20 (B) of the NDPS Act and sentenced him to suffer rigorous imprisonment for 10 (ten) years and also to pay a fine of Rs. 1,00,000/-(Rupees one lakh) only, in default to undergo rigorous imprisonment for another 6 (six) months and further, it is provided that the detention period, underwent during investigation and trial, is to be set off as per provision of law.

2. The factual background, leading to filing of the present petition, is briefly stated as under:

    “On 15.12.2016, SI/GD Neeraj Kr. Sharma, I/C ‘C’ Coy, 4200 chain, 61st BN, SSB, B/Kunda, Assam, launched special operation in the AOR of ‘C’ Coy 4200 chain. During the operation, they found some group of persons in the forest carrying Ganja Bags on their head and when the SSB team called them to stop; they ran away by throwing their bags towards the

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