SH. C. LALZARLIANA Vs. STATE OF MIZORAM

JUDGEMENT

(1.) Heard Mr. C. Lalfakzuala, learned Amicus Curiae for the appellants and Mr. C. Zoramchhana, learned Public Prosecutor for the State of Mizoram.

(2.) This is an appeal against the Judgment and Order dtd. 11/10/2018 passed by the Special Court under the Narcotic Drugs and Psychotropic Substances Act, 1985 (ND&PS Act) Lunglei, Mizoram in Criminal Trial No. 262/2016 convicting the appellants under Sec. 21 (c) of the ND&PS Act read with Sec. 34 of the Indian Penal Code (IPC). The appeal is also against the order dtd. 12/10/2018 passed by the same Court sentencing the appellants to Rigorous Imprisonment for ten (10) years with a fine of Rs.1.00 lakh each and in default thereof, to undergo Simple Imprisonment for 1000 days each.

(3.) It may be mentioned herein that the State had earlier approached this Court by filing Criminal Revision Petition No. 5 of 2017 challenging the Judgment and Order dtd. 21/1/2017 passed by the Addl. Sessions Judge, Lunglei Judicial District in the same case whereby, both the appellants were convicted under the aforementioned Ss. of law and sentenced to undergo Rigorous Imprisonment for five (5) years with a fine of Rs.20,000.00 and in default thereof, to further undergo Simple Imprisonment for two (2) months. The Criminal Revision Petition came to be disposed of vide Judgment and Order dtd. 9/2/2018 by remanding the matter back to the Trial Court from the stage of recording the statements of the accused persons under Sec. 313 Cr.PC after giving them an opportunity to adduce evidence in their defense. On remand, the case came to be disposed of vide the impugned Judgment and Order dtd. 11/10/2018 and the order of sentence dtd. 12/10/2018 in the manner as already stated above. Aggrieved with the same, the appellants are before this Court through the instant appeal.