WESHETE LOHE Vs. STATE OF NAGALAND

JUDGEMENT

(1.) Heard learned counsel for the appellant Ms. Khriekethonuo. Also heard the learned Public Prosecutor for the State of Nagaland, Mr. K. Angami.

(2.) The instant appeal is directed against the Judgment and Order dtd. 18/3/2020 passed by the learned Special Judge NDPS Phek, Nagaland in Sessions Special Case No. 08/19 in GR Case No. 29/19 arising out of Pfutsero P.S Case No. 08/19 whereby the appellant has been convicted under Sec. 20(b)(ii)(C) NDPS Act for a period of 10 years with fine of Rs.1.00 Lakh and in default to undergo RI for one year.

(3.) The prosecution case in brief is that on 25/6/2019, at around 0145 Hrs, a written FIR was received at the Pfutsero Police Station from Naik Subedar D.D. Joshi of 14th Assam Rifles stating that on 24/6/2019 at around 2100 Hrs while conducting surprise MVCP one suspected driver of Maruti Alto bearing Registration No. NL-01T-9577 fled from the scene to avert apprehension, leaving the vehicle behind. Upon search of the vehicle, 50 Kgs of suspected Marijuana (Ganja) in 5 sealed black poly bags were recovered. The vehicle and the seized contraband were produced at the Pfutsero Police Station and re-seized by the police under proper seizure memos. On receipt of the FIR, the case was taken up for investigation.