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2023 Supreme(Gau) 608

SUMAN SHYAM, PARTHIVJYOTI SAIKIA
Malber Khan – Appellant
Versus
State Of Assam – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Ms. S. K. Nargis, Adv,
For the Respondent: Ms. S. Jahan, APP, Assam,

JUDGMENT :

Suman Shyam, J

1. Heard Ms. S.K. Nargis, learned counsel appearing for the appellants. Also heard Ms. S. Jahan, learned APP, Assam, appearing for the State.

2. Assailing the judgment dated 11/12/2017 passed by the learned Additional Sessions Judge No.1, Kamrup (M), Guwahati, in connection with NDPS Case No. 07/2016 convicting both the appellants under section 20(b)(ii) (C) read with section 29 of the NDPS Act, 1985 and sentencing each of them to undergo rigorous imprisonment for 12 years and also to pay fine of Rs. 1,00,000/-each, the present appeal has been preferred.

3. The prosecution case, in a nut shell, is that on 29/11/2015, both the appellants were caught red-handed at around 5-45 a.m. by the GRPF personnel carrying 3 (three) bags containing ‘Ganja’ (Canabis). The RPF personnel on duty at the Kamakhya Railway Station had apprehended the two accused persons along with three bags containing four packets of ‘Ganja’ like substance and handed them over to the Police. Nk 165 Noor Mohammad Ali informed the matter to the Police, based on which Kamakhya GRP O.P. GDE No. 589 dated 29/11/2015 was made. On 29/11/2015, Sub-Inspector (SI) of Police Sri Mahesh Baishya had lodged an

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