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2023 Supreme(Gau) 1287

MICHAEL ZOTHANKHUMA, MITALI THAKURIA
Pradip Jha, S/o. Late Ramji Jha – Appellant
Versus
State Of Assam, Rep. By The Learned Public Prosecutor, Assam – Respondent


Advocates Appeared:
For the Appellant : Mr. A. Bhattacharya.
For the Respondent: Ms. S. Jahan.

JUDGMENT :

(M. Thakuria, J.)

Heard Mr. A. Bhattacharya, learned counsel for the appellant. Also heard Ms. S. Jahan, learned Additional Public Prosecutor for the State respondent.

2. This is an appeal under Section 374 of the Code of Criminal Procedure against the impugned judgment and order dated 26.11.2020, passed by the learned Special Judge Cum District and Sessions Judge, Udalguri, in Special (NDPS) Case No. 20 of 2015, arising out of Mazbat P.S. Case No. 20/2015, under Sections 20(b)(ii)(C)/27(A) of the NDPS Act, whereby, the present accused/appellant was convicted under Section 20(b)(ii) (C) of the NDPS Act, along with the co-accused, namely, Rinush Basumatary, and thereby sentenced to undergo R.I. for 15 years along with a fine of Rs. 1,00,000/-in default to undergo S.I. for another 6 (six) months.

3. The brief fact of the case is that on 01.04.2015, a team of Narcotics Control Bureau (NCB), Guwahati Zonal Unit, arrived at Mazbat Police Station and shared a written information that one Pradip Jha of Mazbat was involved in trafficking of Ganja and huge quantity of Ganja was presently stocked at a Godown at Panbari. On the basis of the said information, at about 9.00 p.m., a j

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