SUMEN DOIMARY Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A. Bhattacharya, learned counsel for the appellants and also heard Mr. B.B. Gogoi, learned Additional Public Prosecutor, Assam, appearing for the State respondent No.1.

(2.) This appeal, under Sec. 374(2) of the Code of Criminal Procedure, 1973, is directed against the judgment and order dtd. 23/3/2023 passed by the learned Special Judge, Sonitpur, Tezpur, in Special (NDPS) Case No.05/2018, arising out of Tezpur P.S. Case No.2147/2018 under Sec. 20(b) of the NDPS Act. It is to be noted here that vide impugned judgment and order dtd. 23/3/2023, the learned Court below has convicted the appellants under Sec. 20(b)(ii)(C) of the NDPS Act and sentenced them to suffer rigorous imprisonment for 10(ten) years and also to pay a fine of Rs.1,00,000.00each, with default stipulation.

(3.) The background facts, leading to filing of the present criminal appeal, are briefly stated as under:-