LALZUINEIHSIAL Vs. STATE OF MIZORAM

JUDGEMENT

(1.) Heard Mr. B. Lalramenga, learned counsel for the accused appellants. Also heard Ms. Linda, learned Additional Public Prosecutor, Mizoram for the State respondents.

(2.) This appeal is directed against the impugned judgment and order dtd. 19/7/2022 passed by the learned Judge, Special Court, ND&PS, Aizawl, Mizoram in S.R. No. 285/2018 arising out of Excise and Narcotics Case No. N-172/2018, whereby the appellants were convicted for offence punishable under Sec. 21(c) of the ND&PS Act, 1985 and the impugned sentence dtd. 20/7/2022 to undergo rigorous imprisonment for 10 (ten) years with fine of Rs.1,00,000.00 (one lakh) and failure to pay the fine, to undergo rigorous imprisonment for another 1 (one) year.

(3.) The brief facts of the prosecution case are that on the night of 15/8/2018 at around 11:30 pm, PW-5, S.I. Lalnghahmawii received information from her source that some persons would bring Heroin from Kolasib, Mizoram. Pursuant to such report, a team/party went to Bawngkawn, Aizawl to intercept the suspected persons. After waiting for some time, the suspected persons reached Bawngkawn in a Taxi. They conducted a search in the presence of the witnesses and recovered 21 (twenty one) Nos. of soap cases containing Heroin kept in a black rucksack. The seized articles were seized at 2:30 AM on 16/8/2018 and the weight of the said seized articles was taken, which is 252 grams of Heroin. Accordingly, a case was registered against the accused appellants.