F. LALBIAKHLUI Vs. STATE OF MIZORAM

JUDGEMENT

(1.) Heard Mr. Reuben Lalrinsanga, learned counsel for the appellant along with Mr. C. Zoramchhana, learned Public Prosecutor for the State respondent.

(2.) This is an appeal under Sec. 374 of Cr.P.C. read with Sec. 36B of ND and PS Act, 1985, against the Order dtd. 12/7/2017 passed by the learned Judge, Special Court (ND and PS Act), Aizawl in Crl. Tr. No.789/2015 u/s 20(b) (ii) of ND and PS Act, 1985. Wherein the appellant was convicted under Sec. 20 (b) (ii) of ND and PS Act and sentenced to undergo 10 years RI with fine of Rs.1,00,000.00 (Rupees one lakh) id SI for 1 (one) year.

(3.) Brief facts of the case is that on 11/3/2015 at around 9:00 A.M, a written report was received from S.I Lalsanga of Spl. Narcotic Police Station, to the effect that on 10/3/2015 @ 11:30 PM while performing duty, the Spl. Narcotic Personnel allegedly recovered 30 Kgs of ganja which was packed in 42 polythene packets and further kept inside 4 gunny bags from the possession of F. Lalbiakhlui, (35) D/o Thansanga of Dawrpui Vengthar, Aizawl, at Phunchawng on the main road of National High Way A44. Sample drawing and packing were allegedly done at the place of occurrence in presence of witnesses. The alleged illegal possessor F. Lalbiakhlui was arrested on 11/3/2015 at 9:00 a.m. The total value of the seized articles was estimated at Rs.1,20,000.00 as per the local market rate. Hence, Spl. Narcotic PS Case No.7/15 dt.11/3/2015 U/s 20 (b)(ii) (C) ND and PS Act was registered and duly investigated into. During investigation, it was allegedly revealed that the said Ganja was from Champhai and taken to Phunchawng for sale. The FSL report declared that the seized articles were Ganja. A prima facie case under Sec. 20(b) (ii) (C) ND and PS Act, 1985 was found established against the accused F. Lalbiakhlui (35) D/o Thansanga of Tuikual North, Aizawl, charge sheet was submitted and she was sent to Court to face trial.