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2024 Supreme(Online)(GAU) 10076

HIGH COURT OF GAUHATI
MR. JUSTICE SUMAN SHYAM, MR. JUSTICE ARUN DEV CHOUDHURY, JJ
MD. SOHRAB KHAN – Appellant
Versus
THE UNION OF INDIA AND ANR – Respondent
Crl.A. / 393 / 2019



Advocates:
MR A K AZAD, SC, NCB

Proper verification and rectification of discrepancies in the paper book are essential for the integrity of the appeal process.

Headnote:(A) Criminal Procedure Code, 1973 - Section 386 - Appeals - Preparation of paper book - Discrepancies noted in the paper book prepared by the appellants led to a directive for re-verification and rectification by the Registry - Proper verification is essential for the integrity of the appeal process. (Paras 2 and 3)

Facts of the case:
The appellants prepared a paper book privately, which contained discrepancies and was not properly verified, prompting a directive from the court for re-verification by the Registry.

Findings of Court:
The court directed the Registry to rectify the defects in the paper book and ensure proper verification before proceeding with the appeals.

Issues: The main issue was whether the defects in the paper book would impede the hearing of the appeals.

Ratio Decidendi: The court emphasized the necessity of a properly verified paper book for the continuation of the appeal process, stating that defects must be rectified to proceed fairly.

Result: Appeals to be listed again for hearing after rectification of defects.

ORDER

 Suman Shyam, J Page No.# 1/3 GAHC010237732019 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.A./393/2019 MD. SOHRAB KHAN S/O- LATE JALIL KHAN, R/O- SALEMPUR, P.O. BAJAORA, P.S. DOBHI, DIST.- GAYA, BIHAR- 824201.

VERSUS THE UNION OF INDIA AND ANR REP. BY NCB. 2:ANJANI KUMAR INTELLIGENCE OFFICER NARCOTICS CONTROL BUREAU GUWAHATI ZONAL UNIT VIP ROAD RUPKUNWAR PATH CHACHAL GUWAHATI- 781022 Advocate for the Petitioner : MR A K AZAD Advocate for the Respondent : SC, NCB BEFORE HONOURABLE MR. JUSTICE SUMAN SHYAM HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY ORDER Date : 14-05-2024 Suman Shyam, J Page No.# 2/3 Heard Mr. S.K. Nargis, learned counsel for the appellants/ applicants in this batch of appeals. Also heard Mr. S.C. Keyal, learned standing counsel NCB appearing for the respondents.

So as to expedite the hearing of the appeals, it appears that the appellants had prepared the paper book privately and put the same on record of these cases. However, noticing certain discrepancies therein and taking note of the fact that the paper book had not been properly verified, a Division Bench of this Court had passed 12-10-2023 providing that the concerned Section of the Registry shall verify the paper book prepared by the appellants by comparing them with the LCR. The appeals were supposed to be heard thereafter. It is submitted at the Bar that pursuant to the order dated 12-10-2023, the Registry has prepared another paper book and furnished copies to the learned counsel for both the sides. However, according to Ms. Nargis, there are some defects in the paper book prepared by the Registry, inasmuch as the cross-examination of PW-4 is not incorporated therein. Moreover, according to the learned counsel, the copy of document Exhibit- 33 and 35 are also not legible. Under the circumstances, submits Ms. Nargis, hearing of the appeals may not be possible unless the defects are rectified.

Mr. Keyal, learned standing counsel, NCB has also supported the submissions of the appellants’ counsel.

Situated thus, this Court is left with no option but to direct the Registry to re-verify the paper book and rectify the defects therein, if any.

Let these matters be listed again on 27-05-2024 along with the connected I.A.s and also with appropriate office note, after rectifying the defects.

The Registry would be at liberty to seek assistance from the learned counsel for both the sides and would also be at liberty to recall the paper books already prepared, for the purpose of rectifying the defects.

Page No.# 3/3 

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