SHOMSUL ALOM Vs. STATE OF MIZORAM

JUDGEMENT

(1.) Heard Mr. Khoda Tama, learned counsel for the appellant and also heard Mr. Jambey Tsering, learned P.P for the State of Arunachal Pradesh.

(2.) This is an appeal filed under section 36(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985, read with section 374 of the Criminal Procedure Code, 1973, directed against the judgment & order dated 17.02.2020, passed in NDPS Case No. 22(T)/2016, by Special Judge (NDPS) at East Session Division, Tezu, Lohit District, wherein the appellant was held guilty of the charges levelled against him under section 17(b) of the NDPS Act and sentenced him to undergo rigorous imprisonment of 3(three) years with a fine of Rs. 25,000/-, with default stipulated sentenced of 6(six) months simple imprisonment.

(3.) The case of the prosecution in brief was that on 08.01.2016 at about 8:30 P.M a complaint was received by Khonsa P.S from one Constable Hakap Tesia which stated that, on the evening of the same day, at about 8:00 P.M., while a Police party was patrolling around Bank Colony at Khonsa, a person was found moving on a motor cycle in a suspicious manner. On checking his body, 150 grams of opium was recovered from his possession, therefore, he was arrested after observing all the formalities and brought him to the Police Station from where he was also sent to the District Hospital for medical check-up. The seized article was kept in the Malkhana for further necessary action and statement of witnesses were recorded including that of the accused. During the interrogation, the accused stated that he use to consume opium since 2014 and, the opium in his possession was purchased from two unknown woman. While the case was under investigation, sample of the seized article was sent to FSL and as per the report received from the FSL, the seized article was opium. Accordingly, the charge-sheet was submitted against the accused under section-17(b) of NDPS Act. As per the report and the judgment of the learned trail court, 5(five) PWs were examined and out of the 5(five) witnesses, PW No. 1 and PW No.2 were not cross-examined. The learned trail court, after examining the evidence, examined the accused under section 313 of Cr.PC and recorded his statement and thereafter, heard the learned P.P and the defense counsel. And after that the Court considered the evidence on record came to the finding or conclusion that accused/appellant was guilty of having committed the offence punishable under 17(b) of NDPS Act. Accordingly, the accused/appellant was held guilty and convicted, and sentenced to rigorous imprisonment of 3(three) years with a fine of Rs. 25,000/- with stipulated default sentenced of simple imprisonment of 6(six) months.