Gauhati High Court
I.A.(Crl.)/1053/2023 of MD. ATABUR RAHMAN Vs THE STATE OF ASSAM AND ANR. on 13 May 2026
GAHC010238982023 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/1053/2023 MD. ATABUR RAHMAN S/O ABDUL SATTAR VILL.- NO. 2 DIZOO PATHAR P.S.- NORTH LAKHIMPUR DIST.- LAKHIMPUR ASSAM. VERSUS THE STATE OF ASSAM AND ANR. REP. BY
GAHC010238982023
undefined
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Crl.)/1053/2023
MD. ATABUR RAHMAN
S/O ABDUL SATTAR
VILL.- NO. 2 DIZOO PATHAR
P.S.- NORTH LAKHIMPUR
DIST.- LAKHIMPUR
ASSAM.
VERSUS
THE STATE OF ASSAM AND ANR.
REP. BY P.P.
ASSAM.
2:UNION OF INDIA
REPRESENTED BY THE DIRECTORATE OF REVENUE INTELLIGENCE
GUWAHATI REGIONAL UNIT
GUWAHATI
PIN - 781003
------------
Advocate for : MR T H HAZARIKA
Advocate for : PP
ASSAM appearing for THE STATE OF ASSAM AND ANR.
Linked Case : Crl.A./401/2023
MD. ATABUR RAHMAN
S/O ABDUL SATTAR,
VILL.- NO. 2 DIZOO PATHAR, P.S.- NORTH LAKHIMPUR, DIST.- LAKHIMPUR, ASSAM.
VERSUS
THE UNIION OF INDIA
REP. BY DIRECTORATE OF REVENUE INTELLIGENCE(DRI)
2:UNION OF INDIA
REPRESENTED BY THE DIRECTORATE OF REVENUE INTELLIGENCE
GUWAHATI REGIONAL UNIT
GUWAHATI
PIN - 78100
Advocate for the Petitioner : MR T H HAZARIKA, MS. A K CHOPHI,A GHOSAL,J
SINGPHO,MR. M BISWAS,MR. Z HAMMAD,MR E AHMED,D ROY,MR. K ISLAM,MR A
RASHID,MR M CHETIA
Advocate for the Respondent : SC, DRI, MR. M K BORO (r-2)
BEFORE
HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA
HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA
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ORDER
Date : 14.05.2026 (M. Zothankhuma, J) Heard Mr. A. Ghosal, learned counsel for the applicant-appellant. The matter pertains to conviction of the applicant-appellant under Section 20(b)
(ii) (c) of the NDPS Act. The present application is for suspending the sentence to be undergone by the applicant-appellant pursuant to the Judgment dated 14.08.2023, passed by the learned Special Judge(NDPS), Lakhimpur, North Lakhimpur, in Special (NDPS) Case No.01/2018. The enforcement agencies had recovered commercial quantity of ganja from a mini truck weighing 470.200 kgs.
After hearing the learned counsels for the parties and keeping in view the fact that final hearing of the main appeal has been fixed on 24.06.2026 and in view of Section 35 of the NDPS Act, we are not inclined to allow the present application at this stage. The I.A. is accordingly dismissed.
JUDGE JUDGE Comparing Assistant