THENKHOLEN S/O JAMNGAM Vs. STATE OF MIZORAM

JUDGEMENT

(1.) HEARD learned counsel for the petitioner as well as learned Public Prosecutor appearing for the State of Mizoram.

(2.) THIS is an application under Section 439 Criminal Procedure Code (in short "Cr.P.C.") read with Section 37 of the of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short "NDPS" Act).

(3.) THE facts leading to this order in nutshell are that the petitioner was arrested by one S.I. Lalengmawia of Excise Department on 12.10.2011at 12:20 PM at Bawngkawn Lunglei Road, Aizawl allegedly for possessing illegally 2.500 Kgs of substance, suspected to be Opium. Said substance was seized from the possession of accused person. In that connection, a case was registered vide Excise Case No. EX -N -197/2011, under Section 18(b) of the NDPS Act, 1985 and the same was endorsed for further investigation.