ZAMKHAWGIN Vs. STATE OF MIZORAM

JUDGEMENT

(1.) Heard Mrs. Dinari T. Azyu, the learned Amicus Curiae for the appellant as well as Mr. C. Zoramchhana, the learned Public Prosecutor appearing for the State respondent.

(2.) This is an appeal from jail preferred by the accused/appellant against the Judgment & Order dated 09.04.2019, passed by the Special Court under ND&PS Act, 1985 (ND&PS Act), Aizawl, Mizoram in Criminal Trial (Ex.) No. 713/2017 arising out of Excise Case No. N-61/2017 under Section 20(b)(ii)(C) of the ND&PS Act, by which two accused persons including the present appellant were convicted under the aforesaid section and also the order of Sentence dated 24.04.2019, by which the appellant and the co-accused were sentenced to undergo Rigorous Imprisonment for 10 years with fine of Rs. 500/- each and in default to undergo S.I. for 10 days. This appeal is preferred by the convict Sh. Zamkhawgin only.

(3.) The story of the prosecution in brief is that on the 17th March, 2017 at around 3:00 PM, SI C. Lalbiaktluanga received information from a reliable source that ganja was to be transferred at Rangvamual. He therefore recorded the information received by him and then formed a team to investigate on the case. While on duty, he suspected two (2) persons to be doing illegal business at the verandah of the residence of Vanlalhriati without her knowledge. So, the officer recorded grounds of belief as per U/s 42 of ND & PS Act, '85 to conduct search. Before conducting search, they called two (2) volunteers as witnesses. On conducting search, they recovered three (3) nylon bags of dried leaves with flowering tops suspected to be Ganja. On interrogation, the two suspects confirm that it belonged to them. The weight of the suspected ganja was taken in the presence of reliable civilian witnesses and it was found to be 20.150 Kgs. The suspected ganja was then packed and sealed to be produced before the Magistrate. The Excise personnel then prepared seizure and arrest memo against the accused (1) Zamkhawgin (45) S/o Zamkhanning (L) of Lamka, Manipur (2) Lalsangzuala (31) S/o Laldenlien of N.E. Tlangnuam, Mizoram as being the dual possessors of the illicit ganja.