ZORAMPARI Vs. STATE OF MIZORAM

JUDGEMENT

(1.) Heard Mr. Jonathan Lalrintluanga, learned counsel for the appellant along with Ms. Mary L. Khiangte, learned Additional Public Prosecutor for the State respondent.

(2.) This appeal under Sec. 374 Cr.P.C., 1973 r/w Sec. 36B of ND&PS Act, 1985 is against the Judgment and Order dtd. 29/6/2022 and the Sentence Order dtd. 1/7/2022, passed by the learned Judge, Special Court, ND&PS Act, Aizawl in SR No. 88/2019 Ref: Special Narcotics P.S. Case No. 4/2019 under Sec. 21 (c) ND&PS Act, whereby the appellant was convicted and sentenced to undergo 10 years Rigorous Imprisonment and to pay a fine of Rs.1.00 lakh, in default to undergo Rigorous Imprisonment for another 1 year.

(3.) The prosecution case in brief is that on 13/2/2019, an FIR was submitted to the Officer-in-charge, Special Narcotic Police Station, CID (Crime), Aizawl to the effect that on 13/2/2019, the informant received information of some persons were seen within the area of Chawnpui, Aizawl strongly suspected of committing an offence under the provision of ND&PS Act, 1985.The O.C. Narcotic P.S. was informed and the informant was authorized to enquire into the matter. On enquiring into the matter, the informant seized 273.9 grams of suspected Heroin from the possession of the appellant/Zorampari. Accordingly, Special Narcotic Police Station Case No. 4/2019 dtd. 13/2/2019 under Sec. 21 (c) ND&PS Act was registered and duly investigated into. During investigation, the case I.O found prima facie case against the appellant/accused and accordingly, charge sheet was submitted against the accused under Sec. 21 (c) ND&PS Act. Thereafter, the learned Trial Court framed charge under Sec. 21 (c) ND&PS Act, to which the appellant/accused pleaded not guilty and claimed for Trial. During Trial as many as 6 (six) prosecution witnesses were examined, the appellant on examination under Sec. 313 Cr.P.C. where she denied all the incriminating evidence made out against her. Thereafter, three number of defense witnesses were examined. The learned Trial Court after hearing both the parties passed the impugned Judgment and Order dtd. 29/6/2023 and the Sentence Order dtd. 1/7/2022.Aggrieved by the above said orders, the appellant has filed the instant criminal appeal.