VANBIAKHNEM Vs. STATE OF MIZORAM

JUDGEMENT

(1.) THIS appeal is directed against the Judgment and Order dated 09.05.2011, passed by the learned Special Judge, under NDPS Act, Aizawl, in Criminal Trial Excise Case No. 2039 of 2009. By this impugned Judgment, the appellant herein, has been convicted under Section 20 (b) (ii) (B) of the NDPS Act, 1985 and she has been sentenced to undergo RI for 3 (three) years with fine of Rs. 5,000/- (Rupees Five Thousand), and in default of payment of fine, further RI for 3 (three) months. Being aggrieved with the Judgment and Order, the appellant has filed this appeal.

(2.) HEARD Sri P C Prusty, learned counsel for the appellant as well as Sri Nelson Sailo, learned Public Prosecutor, appearing on behalf of the State of Mizoram.

(3.) FROM the above prosecution story, the narcotic drug was recovered/ seized from 2 (two) different places. PWs 2 and 3 are the witnesses of the first recovery and PWs 4 and 5 are the witnesses of the second recovery. PW 1 is the Excise Constable who had lodged the FIR, under instructions of her superior Officers after recovery of ganja from Edenthar. PWs 6 and 7 are the Sub-Inspector and Inspector of Excise. Precisely, PW 6 has investigated the case. PW 7 has submitted the final report. PW 7 was shown as the FSL expert, but he was not examined a witness in the Court.