KROSMAWII Vs. STATE OF MIZORAM

JUDGEMENT

(1.) Heard Mr. C. Lalfakzuala, learned Amicus Curiae for the appellant Krosmawii in Crl. A. No. 12 of 2020(J) and Mr. T. Lalnun-siama, learned Amicus Curiae for the appellant Vankhawneiha in Crl.A. No.25 of 2019 (J) alongwith Mr. C. Zoramchhana, learned Public Prosecutor for the State respondent.

(2.) Both the jail appeals in Crl.A. No. 12 of 2020(J) and Crl.A. No.25 of 2019(J) are against the common Judgment and Order passed by the Special Court, ND and PS, Siaha in SR No.21/2018 whereby the appellant Vankhawneiha was convicted under Sec. 21(b) ND and PS Act and the appellant Krosmawii was convicted under sec. 21(b) r/w 29 ND&PS Act and sec. 25 read with sec. 21(b) of the ND and PS Act, 1985. Both the appellants were sentenced to undergo 5 years Rigorous Imprisonment with a fine of Rs.10,000.00, in default Rigorous Imprisonment for 100 days vide Order dtd. 15/11/2018, on conviction u/s 21(b) r/w 29 of ND&PS Act and the appellant Krosmawii was also sentenced to undergo 5 years Rigorous Imprisonment with a fine of Rs.10,000.00, in default Rigorous Imprisonment for 100 days u/s 25 r/w 21(b) of ND&PS Act. The terms of sentenced against the appellant Krosmawii is to run concurrently. Since the appeals arise out of a common judgment the appeals are considered and clubbed together.

(3.) The prosecution case in brief is that on 13/4/2018, the local leaders of New Siaha known as "New Siaha Ruihhlo Do Committee" (In short - NRDC) recovered 5.3 grams of heroin kept in 14 phials concealed with black polythene bag from under the earth allegedly concealed by the appellant /Krosmawii in her residential compound which was supplied to her by appellant/Mr. Vankha-wneiha. After making recovery, the NRDC immediately informed the Excise and Narcotics Station, Siaha and S.I Lalnunfela of Excise and Narcotics thereby proceeded to the PO, seized the said heroin in the presence of reliable local residents, weighed the seized article and arrested the appellants in the presence of the said local residence. He gave the information to the superior officer viz. Officer-in-charge, S.I Lalsangzuala of Excise and Narcotics, who was then endorsed to investigate into the case. On investigation, the case I.O found that seized heroin was supplied to appellant Krosmawii by appellant Mr. Vankha-wneiha. When the appellant Vankhawneiha was interrogated by the NRDC members, he had confessed before them that he took the local NRDC members to the house of appellant Krosmawii. The appellant Krosmawii therefore led the New Siaha Ruihhlo Do Committee (NRDC) members to the place of concealment of the seized heroin in her residential compound, while the appellant Vankha-wneiha did not know of the place or manner of concealment of the seized article. The Inventory was prepared and certified by the CJM, Sample drawn was also taken before CJM, Siaha on dt.16/04/2018. As per the report of FSL, Aizawl dtd. 23/5/2018, the seized articles were found to be heroin and its purity was about 84 % w/w. The Case I/O therefore found a prima facie case against the appellant Vankhawneiha u/s 21 (b) ND and PS Act, 1985 and found prima facie case u/s 25 r/w 21 (b) of ND and PS Act and u/s 21(b)r/w sec. 29 ND&PS ACT against the appellant Smt. Krosmawii and charge sheeted accordingly.