NOOR ALI Vs. STATE OF ASSAM
LAWS(GAU)-2018-1-146
HIGH COURT OF GAUHATI
Decided on January 23,2018

NOOR ALI Appellant
VERSUS
STATE OF ASSAM Respondents

JUDGEMENT

HITESH KUMAR SARMA,J. - (1.) This is an appeal under Section 374(2) of the Cr. PC against the judgment and order, dated 10.08.2017, passed by the learned Special Judge, Dhubri in Special Case No. 16/2015 convicting the accused-appellant under Section 21(b) of Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as the NDPS Act) and sentencing him to rigorous imprisonment for 7 (seven) years and to pay a fine of Rs. 50,000/- with a default clause.
(2.) The fact leading to the case is that the accused-appellant, Noor Ali was found possessing 90 bottles of Eskuf Cough Syrup and 32 nos of Spasmo Proxyvon Capsules while his house was searched by the SI of Police Lalhari Sharma of Gauripur Police Station on receipt of secret information. Suspecting the accused to have possessed the narcotic drugs, the SI of Police aforesaid lodged the FIR with the Gauripur Police Station which was registered as FIR No. 123/2013 on 01.04.2013 under Section 22 of the NDPS Act.
(3.) After investigation was completed as well as after obtaining the report of the Forensic Science Laboratory in respect of the contents of the seized articles, charge-sheet was laid against the accused-appellant under Section 22 of the NDPS Act.;


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