LALSANGZUALA Vs. STATE OF MIZORAM

JUDGEMENT

(1.) Heard Mr. C. Lalfakzuala, learned Amicus Curiae for the appellant and Mrs. Linda L. Fambawl, learned Addl. Public Prosecutor for the State respondent.

(2.) This is an appeal filed from jail by the accused appellant against the Judgment and Order dtd. 9/4/2019 passed by the Judge, Special Court under the ND&PS Act in Crl.Trl.(Ex) No. 713/2017 convicting the appellant as well as another co-accused person under Sec. 20 (b) (ii) (c) of the ND& PS Act and against the Order of Sentence dtd. 24/4/2019 by which, they were both sentenced to undergo Rigorous Imprisonment for 10 years with a fine of Rs.500.00 each with a default clause. Be it stated herein that the coaccused person i.e., Sh. Zamkhawgin had preferred a separate appeal from jail, which was registered and numbered as Criminal Appeal No. 47/2019 (J) and the same was dismissed vide Judgment and Order dtd. 2/7/2020. Despite the dismissal of the appeal filed by the co-accused person, the instant appeal is being heard and disposed of on merits.

(3.) The case of the prosecution in brief is that on 17/3/2017 at around 3 pm, Sub-Inspector C. Lalbiaktluanga received certain information from a reliable source that an illicit ganja was to be transferred at Rangva-mual. He therefore recorded his information report and organizes a team to investigate the case. While on duty, he suspected two (2) persons of doing illegal business at the veranda of the residence of Smt. Vanlalhruaii without her knowledge. The Officer therefore recorded grounds of belief as per Sec. 42 of the ND&PS Act to conduct search. Before doing so, two (2) civilian witnesses were asked to witness the search. On conducting the search, three (3) nylon bags of dried leaves with flowering tops suspected to be ganja was recovered. Upon interrogating the two (2) suspects, they confirmed that the same belonged to them. Thereafter, the weighment of the suspected ganja was done in the presence of the civilian witnesses and the same was found to be 20.150 kilograms. The recovered articles were then packed and sealed to be produced before the Magistrate and seizing officer prepared a seizure and arrest memo and the appellant as well as the co-accused were then arrested. The officer concerned then filed an information report while producing the accused persons and the seized materials before the Officerin- Charge, Anti Narcotic Squad. Following the information report, Excise Case No. EXN. 61/2017 dtd. 18/3/2017 under Sec. 20 (b) (ii) (c) of the ND&PS Act was registered and an investigation was conducted by Sub- Inspector Benjamin Lalruattluanga on being endorsed with the case. The case I/O then visited the place of occurrence, examined the witnesses and recorded their statements. Upon finding prima facie case well established against the accused persons, the case I/O filed the charge-sheet against them under Sec. 20 (b)(ii)(c) of the ND&PS Act. Thereafter, charge was framed against the appellant under Sec. 20 (b)(ii)(c) and to which, he pleaded not guilty. In view of such plea, trial commenced against the appellant. During the trial, the prosecution examined as many as five (5) witnesses out of the cited six (6) prosecution witnesses. As for the defense, no defense witnesses were examined. After the evidence of the prosecution was over, the appellant was examined under Sec. 313 Cr.PC. Thereafter, upon hearing the parties, the Trial Court vide the impugned Judgment &Order convicted the appellant under 20 (b)(ii)(c) of the ND&PS Act and sentenced him to imprisonment as already indicated herein above.