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2023 Supreme(Gau) 810

SUSMITA PHUKAN KHAUND
Md. Diluwar Hussain, S/o. Md. Iman Ali – Appellant
Versus
State Of Assam, Represented By The P. P. , Assam – Respondent


Advocates Appeared:
For the Petitioners: Mr. N.N. B. Choudhury.
For the Respondent: Mr. D. Das.

JUDGMENT :

1. Heard Mr. N.N.B. Choudhury, learned counsel for the appellants and Mr. D. Das, learned Addl. P.P. for the State.

2. This appeal is directed against the Judgment and Order dated 13.07.2022 passed by the learned Addl. Sessions Judge No. 3-cum-Special Judge, Nagaon in connection with Special NDPS Case No. 27/2021 convicting Md. Diluwar Hussain and Md. Rashidul Hoque (hereinafter referred to as A1 and A2) and sentencing them to suffer Rigorous Imprisonment for 10 years and to pay a fine of Rs. 1 lac with default stipulation u/s 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (the NDPS Act for short).

3. The genesis of the case was that on 21.02.2021 at about 11:38 PM, the Secretary of the Khatowal VDP informed the police over phone that while he along with the VDP members were patrolling around the Khatowal bazaar, they intercepted one pickup van with two occupants carrying three bags of suspected contraband. The SI Naren Chandra Rabha of Rupahihat P.S. immediately recorded the G.D. Entry and proceeded to the place of occurrence (PO in short) accompanied by OC, Inspector Pintu Pathak, Head Constable Madhab Kalita, UBC Abul Basar and ABC Golap Nath.

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