RALKHUMA CHHANGTE Vs. STATE OF MIZORAM

JUDGEMENT

(1.) Heard Mr. Vanlalnghaka, learned Amicus Curiae. Also heard Mrs. Linda L. Fambawl, learned Addl. Public Prosecutor.

(2.) This is an appeal against the Judgment & Order dated 07.11.2019 passed by the Special Court, ND & PS Act, Champhai in Sessions Case No. 106/2018 arising out of Criminal Trial No. 657/2018, by which the appellant has been convicted under Section 20(b)(ii)(C) of the ND & PS Act, 1985 and sentenced him to undergo rigorous imprisonment for 12 years with a fine of Rs. 1 lakh, in default rigorous imprisonment for 6 (six) months.

(3.) The prosecution story of the case in brief is that S.I Jerry L.D Poonte, incharge of DSB, Champhai Police received information that contraband was going to be transported in a Maxi Cab Sumo. On the basis of the information which was taken down in writing, Mr. Jerry L.D Poonte, S.I and his party conducted a search of Maxi Cab Sumo bearing registration No. MZ-01-J-9673 at Zote village, Champhai and thereupon seized 2 (two) white nylon bags and 1 (one) green hold-all. The same contained seeds and flowering tops suspected to be ganja weighing a total of 51.6 kilograms. Thereafter, Champhai P.S Case No. 9/2018 dated 31.01.2018 was registered under Section 20(b)(ii)(C) of ND & PS Act, 1985. The accused/appellant and the seized articles were produced before the Magistrate wherein the samples were drawn and inventory of the seized articles made. The sample was sent to the FSL for chemical analysis.