KHWAIRAKPAM ROMIO SINGH Vs. STATE OF MANIPUR

JUDGEMENT

(1.) Khwairakpam Romio Singh, the appellant (hereafter the appellant) assails the impugned judgment and order dated 8th of February, 2023 passed by the learned Special Judge (ND&PS), Bishnupur, Manipur in Special Trial (ND and PS) Case No. 4 of 2015 whereby the appellant was convicted under Sec. 21(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (ND&PS Act in short) as well as the order of sentence dtd. 13/2/2023 sentencing him for 15 years R.I. with a fine of Rs.1,00,000.00 (Rupees One Lakh) only failing payment of which he was sentenced to undergo further rigorous imprisonment of 6 (six) months; whilst granting him the benefit of the provisions of Sec. 428 of the Criminal Procedure Code, 1908 (hereinafter Cr.P.C. in short).

(2.) The case of the Prosecution is that the complainant namely, S.I. Th. Ibotombi Singh, O.C., Special Intelligent Unit (S.I.U.) received a special report that one person was selling Number 4 (Heroin Powder) near Lainingthou Khoriba Hill at I.V. Road, Nambol. The complainant along with the police party rushed to the said location after completing formalities from the S.P. Imphal East and found one person lurking there in a suspicious manner and holding one polythene bag.

(3.) With the help of the police party, the complainant stopped the appellant and asked him about his identity and about the polythene bag he was holding in his right hand.