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GAUHATI HIGH COURT - PRINCIPAL SEAT AT GUWAHATI
HONOURABLE THE CHIEF JUSTICE, CJ
H. LALMALSAWMA – Appellant
Versus
THE STATE OF ASSAM – Respondent
| Table of Content |
|---|
| 1. petitioner seeks to quash fir and charge. (Para 2 , 3 , 4 , 5 , 6) |
| 2. evidence from co-accused insufficient for framing charges. (Para 8 , 9 , 10) |
| 3. court's direction for trial considering supreme court ruling. (Para 12 , 13) |
ORDER
Date : 19-05-2020
1. The Court proceedings have been conducted through Video-Conferencing in view of the present scenario so as to maintain social distancing.
2. By this Petition under Section 482 Cr.P.C., the petitioner seeks quashing of the FIR dated 30.07.2019 under Section 21 (c)/29 of the NDPS Act, 1985 in connection with GRPS Case No. 133/2019.
The petitioner also seeks quashing of Charge-sheet No. 94/2019 dated 31.10.2019, filed in NDPS Case No. 89/2019, pending in the Court of Sessions Judge, Kamrup (M), Guwahati.
By virtue of an Interlocutory Application (Crl.) No. 262/2020, prayer has been made for quashing order dated 12.02.2020, passed by the Special Judge, Kamrup (M), Guwahati, vide which charge has been directed to be framed for committing offence under Sections 21 (c)/29 of the NDPS Act, 1985, in NDPS Case No. 89/2019.
3. The case, in brief, appears to be that on 30.07.2019, an FIR was lodged by one Binod Kalita, S.I., in Guwaha
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