LALSANGVUNGA Vs. STATE OF MIZORAM

JUDGEMENT

(1.) This order will dispose both the Criminal Appeal as well as the Interlocutory Application filed by the applicant/appellant.

(2.) The appeal is directed against the Judgment & Order dated 09.03.2020 passed by the learned Special Judge under the Narcotic Drugs & Psychotropic Substances Act, 1985 (ND & PS Act) Aizawl Judicial District, Champhai in SC No. 267/2018 arising out of Crl. Tr. No. 1489/2018 in connection with Champhai Excise & Narcotics Case No. 156/2018 dated 27.06.2018 under Section 22(b) of the ND & PS Act by which the appellant was convicted under the aforesaid Section and sentenced to 3 (three) years rigorous imprisonment and also to pay a fine of Rs. 1,000/- and in default, to undergo further imprisonment of 1 (one) week vide Order dated 11.03.2020. The Interlocutory Application is filed for suspension of the impugned judgment & order and the sentence imposed upon him.

(3.) The case of the prosecution in brief is that on 26.06.2018 Mr. B. Lalengmawia, Sub-Inspector (S.I.) of Excise & Narcotics Department, Champhai recovered/seized 8.04 grams of alprazolam tablets (70 tablets) from the possession of the appellant. Pursuant thereto, the officer concerned submitted a report as per Section 57 of the ND & PS Act and produced him before the Officer-in-Charge, Champhai Excise & Narcotics Station. Accordingly, a case was registered against the appellant as already reflected herein above and Mr. J. Laltlanmawia, S.I of Excise & Narcotics Department, Champhai took up the investigation. During the investigation, he examined the seizing officer as well as the witnesses and recorded their statements. He also drew samples from the contraband substance before the Judicial Magistrate 1st Class, District Court, Champhai and sent the same for chemical analysis in the Forensic Science Laboratory (FSL), Aizawl. On analysis, the contraband tablets revealed that they contained alprazolam and the Investigating Officer (case IO), upon finding a prima facie case under the aforesaid section of law against the appellant, submitted the complaint sheet before the Court.