WILSON DOMEH Vs. STATE OF NAGALAND

JUDGEMENT

(1.) Heard Mr. A. Zho, learned counsel for the appellant and Mr. K. Angami, learned Public Prosecutor (P.P.), Nagaland.

(2.) This is an appeal against the Judgment and Order dtd. 29/8/2022 passed by the Court of the Special Judge, NDPS Act Phek, in Sessions (Special) Case No. 01/21 in GR Case No. 35/2020, Pfutsero, arising out of P.S. Phek Case No. 09/20, by which the appellant has been convicted under Sec. 20(b) NDPS Act and sentenced to undergo rigorous imprisonment for fifteen years with a fine of Rs.2.00 lakhs. In default of the fine, he is to undergo rigorous imprisonment for two years.

(3.) The prosecution case in brief is that on the night of 29/10/2020, around 7:30 P.M., the Assistant Sub-Inspector (PW-1) along with Police Personnel were checking vehicles at Zuketsa road, when they spotted a Maruti Alto 800 bearing Registration No. NL 01P 2429 coming towards them. However, it suddenly turned around and went towards Lekromi Village. On pursuing the car they found it abandoned at Lekromi Village. On checking the car with one Senowelo (PW-2) who had come to the place where the abandoned car had been found, they found twenty (20) plastic packets of ganja weighing 200 Kgs. The ganja was seized and the vehicle taken to the Police Station, Pfutsero, where an FIR was lodged on 30/10/2020, consequent to which P.S. Phek Case No. 09/2020 was registered under Sec. 20(b) NDPS Act. The contraband was photographed and samples of the seized ganja was taken in the presence of the Judicial magistrate (PW-7) and sent to the FSL, Dimapur for examination. The FSL Report (Exhibit-5) confirmed that the contraband seized was ganja and after investigation of the case was concluded, the case I.O. (PW-6) submitted a charge-sheet, on finding a prima facie case under Sec. 20(b) of the NDPS Act against the appellant and co-accused, Lhuvekhu Venyo, who was the driver of the car.