WETSO-U RITSE Vs. STATE OF NAGALAND

JUDGEMENT

(1.) Heard Ms. Khriekethono, learned counsel for the appellant, and Mr. K.K. Wotsa, learned P.P. appearing on behalf of the State.

(2.) This is an Appeal filed under the provisions of Sec. 374(2) of the Criminal Procedure Code, 1973 (In Short, The Code), challenging the Judgment dtd. 18/6/2020, passed by the Special Judge, Phek, Nagaland in Sessions (Special) Case No. 05/19 arising out of GR No. 36/18 of Pfutsero P.S. Case No. 15/18, whereby the appellant was convicted under Sec. 20(b)(ii)(C) of Narcotic Drugs and Psychotropic Substances Act, 1985 (In short, The Act) and sentenced for a term of 14 (fourteen) years Rigorous Imprisonment and a fine of Rs.2.00 Lakhs/- and in default of payment of the fine he was further directed to undergo two years Rigorous Imprisonment.

(3.) The question that arises for consideration is whether the Court below was justified in applying Sec. 35 of the said Act to the facts of the case; whether the appellant herein, upon application of Sec. 35 was able to discharge the reverse burden imposed upon him under the said provision.