HRANGKAPTHANGA Vs. STATE OF MIZORAM

JUDGEMENT

(1.) Heard Mr. Lalremtluanga, learned counsel for the appellant and Mrs Linda L. Fambawl, learned Addl. Public Prosecutor for the state respondent.

(2.) The instant appeal is filed under Sec. 36B, ND&PS Act r/w Sec. 374(2) Cr.P.C to set aside and quashed the impugned Judgment and Order dtd. 3/12/2019 passed by the learned Judge, Special Court, ND and PS, Champhai and the impugned Conviction dtd. 4/12/2019 arising out of Criminal Trial No. 1839/2018 (D) under Sec. 22 (c) and 25 ND&PS Act r/w Sec. 14 of the Foreigners Act, 1946, wherein the appellant was convicted under Sec. 8/22 (c) ND& PS Act,1985 and sentenced to undergo Rigorous Imprisonment for a period of 10 years and pay a fine of Rs.1.00 lakh, i.d. Rigorous Imprisonment for a period of another 1 (one) month.

(3.) The prosecution story of the case in brief is that on Dt. 28/9/2018, Mr. H. Lalen-gzama, SI of Police submitted a written First Information Report (FIR in short) to the Officer-in-Charge, Champhai Police Station to the effect that one vehicle Bolero Camper bearing No. MZ-01-N-4940 was being detained at Dungtlang on ground of strong suspicion of carrying contraband substances. In pursuant to the information Champhai police team rushed to Bungtlang village. On search of the vehicle, 169 bundles; each bundle contained 10 packets wherein one packet contained 200 tablets suspected to be methamphetamine were recovered/seized from the vehicle in hidden compartments/chamber made beneath the seats of the vehicle. Mr. H. Lalengzauva, S.I. police altogether recovered/seized 338000 nos. tablets of methamphetamine weighing 49 Kilograms. He submitted a report about the seizure of the drugs and the arrest of appellant to the officer-in-charge, Champhai Police Station. Champhai Police Station registered a case vide CPI.PS Case No.117/2018 under Sec. 22 (c) &25 of ND and PS Act against the driver of the vehicle namely Mr. Hrangkapthanga (36) S/o Chhuanmawia/appellant, a permanent resident of Tahan, Myanmar, a temporary resident of Bethel Veng, Champhai, Mizoram.