HOWARD LALHMANGAIHZUALA Vs. STATE OF MIZORAM

JUDGEMENT

(1.) Heard Mr. Lalrokunga Pautu, learned counsel for the appellant and Mrs. Linda L. Fambawl, learned Addl. Public Prosecutor, Mizoram.

(2.) This appeal is filed by the accused convict against the Judgment & Order dated 13.09.2018 passed by the Special Court under ND&PS Act, 1985 (ND&PS Act), Lunglei, Mizoram in Crl. Tr. No. 319/2017, by which the appellant was convicted under Section 21(b) of the ND&PS Act and also against the Order dated 14.09.2018 passed by the same Court, by which the appellant was sentenced to undergo a Rigorous Imprisonment for 5 (five) years with a fine of Rs. 10,000/- and in default, Rigorous Imprisonment for 100 (hundred) days.

(3.) The case of the prosecution in brief is that on 20.04.2017, an enquiry report was submitted by S.I Lalnuntluanga of Lunglei Police Station to the effect that on that date, while he was on duty, he received an information from H.C Chhawnkunga i/c District Special Branch (DSB), Lunglei stating that they have detained one Vehicle (Ritz Car) bearing registration No. MZ-02/9170, suspected to be carrying contraband drugs at Bazar Veng, Lunglei. He then conveyed the information to the Officer-in-Charge of Lunglei Police Station and after obtaining his authorization, he rushed to the spot. On arriving at the spot, he found the vehicle driven by the appellant parked in the road side. After preparing all the formalities and checking the vehicle in the presence of reliable witnesses, 17 grams of light brown colour powder packet suspected to be heroin, packed in black polythene and kept in a black coloured parcel, was recovered from the vehicle. After the same was seized it was packed and sealed in front of the witnesses and the appellant along with the vehicle and the seized contraband drugs were taken to Lunglei Police Station and accordingly, Lunglei P.S Case No. 66/2017 dated 20.04.2017 under Section 21(b) of the ND&PS Act was registered and the case was duly investigated into.