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2023 Supreme(Gau) 272

SUMAN SHYAM, SUSMITA PHUKAN KHAUND
Swmkur Mochahari – Appellant
Versus
State of Assam – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: G. Uddin, A. Ahmed.

JUDGMENT :

SUSMITA PHUKAN KHAUND, J.

1. Heard Mr. A. Ahmed, learned counsel appearing for the appellants and Ms. S. Jahan, learned Addl. P.P. Assam appearing for the State/respondent No. 1.

2. Both the appeals are directed against the judgment and order dated 22.01.2022 passed by the learned Special Judge, Udalguri in connection with NDPS Case No. 35/2018 convicting the appellants Swmkur Mochahary (A1 for short) and Munna Mochahary (A 2 for short) under Sections 20(b) (ii) (C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (the Act for short) and sentencing them to undergo Rigorous Imprisonment (R.I.) for 12 years and to pay a fine of Rs. 1,00,000/- each with default stipulation.

3. The learned counsel for the appellants, Mr. A. Ahmed laid stress in his argument that this case is replete with contradictions and procedural defects. The trial Court erred by convicting the appellants ignoring the contradictions and the procedural defects. It has been emphasized through the argument that the Investigating Agency did not follow the proper procedure as per Section 52(A) of the Act. It is submitted that the testimony of the witnesses are not consistent. PW-1 testified that three

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