SH. ROLIANTHUAMA Vs. STATE OF MIZORAM

JUDGEMENT

(1.) Heard Mr. Victor L. Ralte, the learned counsel for the appellant. Also heard Mrs. Linda L. Fambawl, the Addl. Public Prosecutor, Mizoram for the State respondent.

(2.) This is an appeal filed by the accused appellant against the Judgment and Order dated 03.12.2018 passed by the Special Court, Narcotic Drugs and Psychotropic Substances Act, 1985 (ND&PS Act), Aizawl Judicial District, Champhai Mizoram in Sessions Registration No. 140/2017, arising out of Criminal Trial No. 1270/2017 whereby, the appellant was convicted under Section 21(c) of the ND&PS Act and thereafter, sentenced to undergo Rigorous Imprisonment for a period of 18 years and to pay fine of Rs. 90,000/-. In default thereof, the appellant was also sentenced to undergo a further Rigorous Imprisonment for 1 (one) month. Be it stated herein that there were two accused persons who faced trial before the Court below and the instant appellant was the accused No. 1.

(3.) Mr. Victor L. Ralte, the learned counsel for the appellant at the outset has drawn our attention to the framing of charge against the appellant as well as the co-accused by the Trial Court on 13.09.2017. He submits that against the charge framed under Section 21(c)/29 of the ND&PS Act, the appellant pleaded guilty whereas, the co-accused pleaded not guilty. He submits that the learned Trial Court in the impugned Judgment and Order dated 03.12.2018, however recorded that the charge was read over and explained to the accused persons in Mizo language/own vernacular language which they both understood well and to which, they pleaded not guilty and claimed to be tried.