JAMES THANGLIANMANGA Vs. STATE OF MIZORAM

JUDGEMENT

(1.) This Criminal Appeal is directed against the Judgment and Order dtd. 29/4/2025 along with the Sentence Order dtd. 30/4/2025 passed by the learned Court of Judge, Special Court (ND&PS Act, 1985) Aizawl, Mizoram in connection with Excise Case: N-63/2017 dtd. 22/3/2017 under Sec. 20(b) (ii)(C) of ND&PS Act, 1985, by which the appellant was convicted and sentenced to undergo rigorous imprisonment for a period of 10 (ten) years and also with a fine of Rs.1,00,000.00 (Rupees one lakh), in default, rigorous imprisonment for another 10 (ten) months.

(2.) The prosecution case in brief is that prior information was received on 20/3/2017 regarding one male person from Selam coming to Aizawl with some quantity of Ganja intending to sell it in the area of Rangvamual, Aizawl; it was reduced into writing. Then on 21/3/2017 at 11:13 p.m, SI C.Lalbiaktluan-ga and party intercepted one Taxi bearing Registration No. MZ-01/L-1562 boarded by the accused James Thanglianmanga at Vaivakawn Zohnuai, Aizawl, and the said Taxi was searched and dry leaves with flowering tops suspected to be Ganja packed in 23 polythene kept inside two bags were recovered; all were seized, weighted as 21.98 grams, re-packed and sealed in presence of civilian witnesses and the Taxi driver, and the accused was arrested. Upon submission of seizure and arrest report, the instant case was registered against the accused person under Sec. 20(b)(i)(C) of ND&PS Act, 1985 (the Act hereinafter) for violation of Sec. 8(c) of the Act.

(3.) Accordingly, the seized articles were produced before the Magistrate, alongwith application for certification as per Sec. 52-A of the ND&PS Act, 1985. Inventory of the seized articles was also prepared and after further steps in the investigation such as chemical examination of the samples of the seized articles and recording the statement of the witnesses, the Investigating Officer (I.O) submitted the charge-sheet under Sec. 22(b)(ii)(C) of the ND&PS Act, against the accused/appellant person.