F. C. VALY Vs. STATE OF MIZORAM

JUDGEMENT

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

(2.) This is a jail appeal against the Judgment and order dtd. 19/9/2018 passed by the Addl. District and Session's Judge in S.R No. 18/2018 whereby the appellant was convicted under Sec. 21(b) ND&PS Act, 1985 and sentenced to undergo R.I 5 yrs. with a fine of Rs.10,000.00 in default another 100 days R.I., vide order dtd. 20/9/2018.

(3.) Brief facts of the case is that on 8/4/2018 @ 9:00 P.M at new Siaha, SI Lalsangzuala seized 28(twenty eight) grams of Heroin packed in 2(two) separate polythene and kept in two soap cases. The seized article was apprehended by NRDC duty party and the owners, appellant F.C Valy and his friend Vabeila were detained at MYA Hqrs, office New Saiha. The Excise and Narcotics were immediately informed, who came to the MYA Office. The NRDC duty party then handed over the seized Heroin to SI Lalsangzuala Pachau the same night and the appellant and co-accused were also arrested. The seized articles was weighed, sealed and packed in the presence of two civilian witnesses. Samples of the seized articles was drawn in the presence of Magistrate First class and sent to FSL on 20/4/2018. The FSL report revealed that the Seized Articles were Heroin with purity of about 82%. On finding a prima facie case against the appellant F.C. Valy and the co-accused Vabeila, the charge sheet was filed by the I.O. Charges were framed against the appellant and co-accused under Sec. 21(b) of the ND&PS Act, 1985 for the violation of Sec. 8 of the ND&PS Act by the learned Trial Court on 3/8/2018. The appellant having pleaded not guilty, the trial proceedings were initiated. After the appellant was examined under Sec. 313 Cr.P.C on 12/9/2018, the learned Trial Court convicted the appellant under Sec. 21(b) ND&PS Act and co-accused Vabeilia u/s 21(b) r/w 29 of the ND&PS Act vide its Judgment and Order dtd. 19/9/2018. Thereafter, on 20/9/2018, the appellant was sentenced to undergo R.I 5 (five) years with fine of Rs.10,000.00 I.D R.I 100 days. Aggrieved, the appellant has filed the instant appeal.