LALTHANSANGI Vs. STATE OF MIZORAM

JUDGEMENT

(1.) Heard Mr. Lalremtluanga, learned counsel for the appellant. Also heard Mrs. Linda L. Fambawl, learned Additional Public Prosecutor.

(2.) This appeal had been filed by the appellant, Smt. Lalthansangi against the Judgment & Order dated 18.02.2019 passed by the Special Court, ND&PS, Champhai in Sessions Registration No. 91/2017, arising out of Criminal Trial No. 928/2017, by which the appellant had been convicted under Section 21(c) of the ND&PS Act, 1985, for possession of 555 grams of heroin and sentenced her to undergo R.I. for a period of 15 years and to pay a fine of Rs. 50,000/-, i.d. R.I. for 1 month.

(3.) The prosecution story in brief is that the S.I. of police, Sh. Zirthanga Pachuau (PW-1) received information on 09.02.2017 that some smugglers were intending to transport a large quantity of heroin from Zokhawthar to Champhai. After taking down the information in writing and sending the same to his superior, S.I. Zirthanga Pachuau and his team went towards Zokhawthar and stopped two persons riding on a motorcycle without any registration number on their motorbike between Mualkawi Village and Melbuk Village near Tarmat Camp. One airbag which was placed between the bike driver and the pillion rider was opened in front of witnesses, wherein 42 number of soap cases containing heroin were found. The seized articles were weighed and the heroin weight was found to be 555 grams. Champhai Police Case No. 13/2017 dated 09.02.2017, under Section 21(c)/29 ND&PS Act was registered against the two persons, namely, the appellant herein and the driver of the bike i.e., Lalhmunsiama, S/o Lalropuia. After taking the samples of the heroin, the same was sent to the FSL for examination. The FSL report stated that the heroin was of high purity having a percentage of 80% and above.