STATE OF MIZORAM Vs. HAUHLIRI D/O THANGAWIA

JUDGEMENT

(1.) BY this aplication, the State of Mizoram has chalenged the order dated 18.09.2013 isued by the learned Special Judge, Aizawl in Crl.Tr.Ex.No. 1278/2013 whereby charge has ben framed against the acused under Section 21 (a) of the NDPS Act against seizure of 3960 capsules of Parvon spas although charge shet was submited under Section 21 (c) of the NDPS Act.

(2.) THE case was initiated on the basis of a charge shet submited by Sub -Inspector, Excise and Narcotics, Anti Narcotics Squad, Mizoram on 23.07.2013 aleging that the Anti -Narcotics Squad seized 3960 maron coloured Parvon spas capsules suspected to contain Dextropropoxyphene from the acused, namely, Smt. Hauhliri, daughter of one Thangawia (L) of Vaivakawn, Zohnuai at Tukhuahtlang in presence of civilan witneses. The seizing oficer submited the report of seizure and arest to the Oficer In -charge, Anti -Narcotics Squad whereupon the instant case was registered and further investigation was conducted. In course of investigation it was found that strips of Parvon spas capsules were kept in 20 (twenty) polythene bags. The prosecution sent a sample of 5 (five) capsules to the Forensic Science Laboratory for chemical examination to se as to whether the tablets contained Dextropropoxyphene. The result from the chemical examination was given on 23.07.2013 and thereupon it was found that the sample contained propoxyphene. Having so found and upon completion of the investigation, the Anti -Narcotics Squad submited charge shet before the Special Court leading to registration of the case in question. The learned Court after consideration of the materials including the report pased the impugned order dated 18.09.2013 holding that a charge under Section 21 (a) of the NDPS Act is liable to be drawn against the acused although prosecution submited charge shet under Section 21 (c) of the NDPS Act. The learned Court found that since prosecution sent only 5 capsules for examination, it is not posible to hold that al the 3960 capsules would contain the specified contraband. It is this order which has ben chalenged by the State before this Court.

(3.) I have heard Mr. AK Rokhum, learned Additional Advocate General cum Public Prosecutor on behalf of the petitioner. I have also heard Mr. Zochuana, learned Amicus Curiae who was apointed by this Court to asist the court in regard to point of law since the oposite party acused has not put up apearance by engaging any counsel. I have perused the lower courts records.