STATE OF MIZORAM Vs. C. LALHMINGLIANA

JUDGEMENT

(1.) Heard learned Addl. P.P., Mr. Lalsawirema for the State appellant and learned counsel, Mr. A.R. Malhotra for the respondent.

(2.) This appeal/application under Sections 378 and 482 of Crimial P.C. is directed against the judgment and order dated 23.07.2010, passed by learned Addl. Sessions Judge, Aizawl in Criminal Appeal No.04/2010, arising out of Crl. Trl.(Ex) No.97/08.

(3.) The respondent Sh. C. Lalhmingliana was prosecuted for commission of offence punishable under Sec. 13(1) of Assam Drugs(Control) Act, 1950(hereunder mentioned as 'ADC Act') and the trial was taken up in the Court of learned Magistrate, 1st Class, Aizawl, and the learned Magistrate, on conclusion of trial by judgment dated 14.12.2009 found the accused-respondent guilty of committing offence under Sec. 13(1) of ADC Act and sentenced him to suffer SI for a period of 4(four) days and to pay a fine of Rs.1,000.00(rupees one thousand), in default of payment, to suffer SI for 10(ten) days. Being aggrieved with the judgment and order of conviction and sentence, passed by the learned Magistrate, the respondent preferred Criminal Appeal No.04/2010 in the Court of Sessions and learned Addl. Sessions Judge by impugned judgment and order dated 23.07.2010 set aside the judgment and order of conviction and sentence, passed by the learned Magistrate and set the accused at liberty. Against that order of the learned Addl. Sessions Judge, the present appeal/application, under Sections 378 and 482 of Crimial P.C., has been preferred by the State appellant.