MANDEL LALTHLANGAMA DURPUI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. J. Laskar, learned counsel for both the appellant and Mr. R.J. Baruah, learned Addl. P.P. for the State respondent.

(2.) As the Criminal Appeal No.30/2022 and Criminal Appeal No.35/2022 both are directed against the common judgment and order dtd. 5/1/2022 and as common questions of law are involved in both the appeals and common arguments advanced, and as agreed by the learned Advocates of both sides, it is decided to dispose of both these appeals by this common judgment and order.

(3.) In Criminal Appeal No. 30/2022, appellant, Sri Mandel Lalthlangama Durpari and in Criminal Appeal No. 35/2022, appellant Sri Lienkhokhai Changsan, have challenged the correctness or otherwise of the judgment and order, dtd. 5/1/2022, passed by the learned Sessions Judge, Dima Hasao, Haflong in Sessions Special Case No. 66/2018, under Sec. 22(a)/22(c) of the NDPS Act. It is to be noted here that vide impugned judgment and order, dtd. 5/1/2022, the learned Sessions Judge, Dima Hasao, Haflong has convicted the appellant under Sec. 22(a)/22(c) of the NDPS Act, and thereafter, sentenced both of them to suffer rigorous imprisonment for a period of 01 year, under Sec. 22(a) of the NDPS Act, and rigorous imprisonment for 10 years and also to pay a fine of Rs.50,000.00 with default stipulation, under Sec. 22(C) of the NDPS Act, and further directed that both the sentence will run concurrently.