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Dhiren Deka, Vs State of Assam — Narcotics (NDPS) | Gauhati HC (2022)

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Gauhati HC
2022
Dhiren Deka, Vs State of AssamDhiren Deka, v. State of Assam

Disposed

Dhiren Deka, v. State of Assam

Gauhati HC17 Aug 2022Crl.A./96/2010

Case brief

AI extract

What is this about?

Criminal appeal was closed as infructuous because the appellant had already completed the sentence imposed in the convicting judgment.

What the court decided

AI extract

A

Page No.# 1/2

GAHC010106642010

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : Crl.A./96/2010

DHIREN DEKA,

S/O LATE DHARMAL DEKA, R/O VILL. NIZ-DALA, P.S. KALAIGAON, DIST. UDALGURI BTAD

VERSUS

STATE OF ASSAM,

Advocate for the Petitioner : MR.P SARMA Advocate for the Respondent :

BEFORE HONOURABLE MR. JUSTICE AJIT BORTHAKUR

ORDER

17.08.2022

Parties & counsel

AI extract

appellant
Dhiren Deka
respondent
State of Assam

Coram

AI extract

Ajit Borthakur

Case details

As recorded by the court registry

Court: Gauhati HC
Decided on: 17 Aug 2022 · August
Registered: 3 Jul 2010
Case no.: Crl.A./96/2010

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Cite this judgement

Dhiren Deka, v. State of Assam, Crl.A./96/2010 (GAU), decided on 17 August 2022.

The Gauhati High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Bench / Coram

Ajit Borthakur

Parties & counsel

Outcome

Disposed

Detailed headnote1 paragraphs

The criminal appeal filed under Section 374 Cr.P.C. was dismissed as being infructuous on the report that the appellant had already served the entire sentence including remission benefits. Accordingly, the appeal stands closed.

A compact analysis

This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.

Heard Mr. M. Dutta, learned Amicus Curiae and Mr. R. J. Baruah, learned Additional Public Prosecutor, Assam.

By this application under Section 374 Cr.P.C., the petitioner has prayed for setting aside the judgment and order dated 19.03.2010 passed by the learned Special Judge, Darrang Mangaldai in Spl.(N) Case No.7 of 2007 and convicting the accused appellant under Section 20(B)(II)(B)of the NDPS Act and sentencing him to undergo rigorous imprisonment for four years and to pay fine of Rs.25,000/- in default R.I. for one year.

The Superintendent of District Jail, Mangaldai has reported vide order

Page No.# 2/2

No. MDJ.58/2022/1101 dated 17.08.2022 informing the learned Public Prosecutor that the appellant, Dhiren Deka who was convicted in the above noted case was released on expiry of the sentence on 28.12.2013 with the benefit of hazot period and remission earned.

In view of the above report showing that the appellant has already served out the sentence awarded as above, the instant criminal appeal has become infructuous.

Accordingly, the appeal stands closed on being infructuous.

The letter of the Superintendent District Jail, Mangaldai referred to above vide order No. MDJ.58/2022/1101 dated 17.08.2022 is taken on record.

JUDGE

Comparing Assistant

CNR

GAHC010106642010

Topic

Narcotics (NDPS)

Bench

Disposal

Closed

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