LALMUANKIMA Vs. STATE OF MIZORAM

JUDGEMENT

(1.) Heard Mr. Michael Zothankhuma, learned counsel for the petitioner and 'Mr. N. Sailo, learned Govt. Advocate for the: respondents.

(2.) The writ petitioner joined the service as constable of 3rd Bn. Mizoram Armed Police, referred to as MAP. The service of the writ petitioner as constable was confirmed by an order dated 22.12.1993.

(3.) On 22.10.96 Officer Commanding, Rear 1 Assam Rifles lodged an FIR. with police stating that on the said date at about 18.30 hrs. two police personnel of 3rd Bn. MAP namely (1) No.225 CPP Lalsaikova and (2) No. 437 CPP Lalmuankima approached the Guard at Officers Club gate of the said unit to sell 7.62 mm. ammunitions. The matter was reported to the superior officer and the said two personnel were arrested. 6 rounds of 7.62 mm. SLR were recovered from the said two persons. It is stated in the said report that these two police constables had voluntarily confessed and revealed that the surplus ammunitions had been with them since 1991 and 94 respectively. However, they decided to sell them only that day. The local police took custody of the aforesaid two persons. It may be stated at this stage that allegation is that four rounds of ammunitions were seized from Sri Lalsailova and two from the writ petitioner.