LALPEKHLUI Vs. STATE OF MIZORAM

JUDGEMENT

(1.) Heard Mr. Lalpianfela Chawngthu, learned counsel for the appellant and Mrs. Linda L. Fambawl, learned Additional Public Prosecutor.

(2.) This is an appeal under Sec. 374 CrPC against the impugned Judgment and Order dtd. 18/2/2019 passed by the Special Court, ND&PS Act, 1985, Champhai, Mizoram in Session Registration No. 1351/2017 arising out of Crl.Tr. No. 1266/2017, by which the appellant was convicted under Sec. 21(b) ND&PS Act and sentenced to undergo Rigorous Imprisonment for a period of 8 (eight) years and to pay a fine of Rs.50,000.00, on default Rigorous Imprisonment for 1 (one) month.

(3.) The brief facts of the case is that on 23/6/2017 at around 5:45 pm, Champhai Excise and Narcotics under the command of Sub-Inspector Mr. J. Laltlanmawia while performing random checking at Mualkawi, and while checking one of the Maxi cabs had seized 212.6 grams of heroin kept in 15 soap cases from the bag of Mrs. Lalpekhlui, 23 years of age, daughter of Mr. Thanliana, Permanent resident of Tahan, Myanmar. On her arrest by Champhai Excise and Narcotics a case vide Excise Case No.EXN-112/17/17/CPI dtd. 24/6/2017 under Sec. 21 (b) ND&PS Act was against the accused Lalpekhlui.