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2023 Supreme(Gau) 734

SUSMITA PHUKAN KHAUND
Madhu Gupta S/o Late Amit Gupta – Appellant
Versus
State Of Assam – Respondent


Advocates:
Advocate Appeared:
For the Appellant : MS. S K NARGIS
For the Respondent: MS. S. JAHAN(ADDL.PP, ASSAM)

JUDGMENT :

1. Heard Ms. SK Nargis, learned counsel for the appellant and Ms. S. Jahan, learned Addl. P.P. appearing for the State of Assam.

2. Both the appeals are directed against the judgment & order dated 23.02.2021 passed by the learned Special Judge, Kamrup (M), Guwahati in NDPS Case No. 16/2019 whereby the appellant Mrs. Madhu Gupta of Criminal Appeal No. 84/2021 and the appellant Sri Chitranjan Gupta of Criminal Appeal No. 87/2021 were convicted and sentenced to undergo Rigorous Imprisonment for 10 years with fine of Rs. 1 lakh with default stipulation u/s 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act for short).

3. The genesis of the case was that on 27.11.2018, the complainant SI Biswajit Rabha of Guwahati GRPS lodged an FIR that at about 7:30 AM ASI Shrawan Kumar Jha along with police personnel were on duty, checking Coach No. A of train No. 12423DN-Dibrugarh-NDLS Rajdhani Express stationed at Platform No. 1 of Guwahati Railway Station and recovered five (5) packets of ganja wrapped with black coloured polythene paper from the appellants seated at seat nos. 1 & 3. Two (2) packets of suspected ganja was recovered while checking the bag of

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