SH. MALSAWMDAWNGKIMA Vs. STATE OF MIZORAM

JUDGEMENT

(1.) Heard Mr. A.R Malhotra, learned counsel for the appellant and Mr. C. Zoramchhana, learned Public Prosecutor for the State respondents.

(2.) This is an appeal against the Judgment and Order dtd. 9/3/2020 passed by the learned Special Court under the Narcotic Drugs and Psychotropic Substances Act, 1985 (ND&PS Act), Aizawl Judicial District, Champhai in Sessions Registration No. 50/2015 A/o Crl. Tr. No. 292/2015 whereby, the accused/appellant was convicted under Sec. 21(b) of the ND&PS Act and thereafter, sentenced to Rigorous Imprisonment for a period of 8 (eight) years with a fine of Rs.90,000.00 and a default clause vide Order dtd. 11/3/2020.

(3.) Be it stated herein that the appellant was earlier acquitted by the learned Trial Court vide Judgment and Order dtd. 7/9/2015 by giving him the benefit of doubt. Aggrieved, the State preferred Criminal Appeal No. 11/2017 and vide Judgment and Order dtd. 25/1/2018 the case was remanded back for retrial with a direction to examine the concerned officer-in-charge of the Excise Station, Champhai and the Superintendant of Excise, who had sent the samples for examination in the Forensic Science Laboratory (FSL). On remand, the evidence of the aforesaid 2 (two) witnesses were taken and they were also crossexamined by the defence. Thereafter, the learned Trial Court passed the impugned Judgment and Order of conviction and the Order of sentence as already stated herein above.