SH. MALSAWMDAWNGLIANA Vs. STATE OF MIZORAM

JUDGEMENT

(1.) Heard Mr. C. Lalfakzuala, learned Amicus Curiae for the appellant. Also heard Mrs. Mary L. Khiangte, learned Addl. Public Prosecutor for the State respondents.

(2.) This is a jail appeal putting to challenge the Judgment and Order dtd. 15/12/2021 passed by the Special Judge, ND&PS Act, Champhai, in S.C. Registration No. 299/2019 A/o Crl.Trl. No. 1720/2019 vide Champhai Police Station Case No.86/19, which convicted the appellant u/s 21(c)/25/29 of the ND&PS Act and vide its Order dtd. 16/12/2021, sentenced the appellant to undergo R.I for a period of 12 years and to pay a fine of Rs.1,00,000.00 (rupees one lakh), in default to undergo S.I for a period of 2 months. The detention already undergone by the appellant was to be set off.

(3.) The prosecution story, in brief, is that on 15/8/2019, a written FIR was received from one S.I, Zirthanga Pachuau, S.O, CID (SB) Champhai, that a Joint Group of CID (SB) led by Additional SP CID (SP) Camp-Champhai, Champhai DEF and the 8th Assam Rifles conducted random checking at, Zokhawthar Road near Hringlangtlang Junction (in between Mualkawi and Melbuk Village), for the peaceful celebration of 73rd India Independence Day 2019. One Maxi Cab B/R No.MZ 02 A-4009 driven by Malsawmdawngliana S/o C.Dinthanga of Bawngkawn, Aizawl coming from Zokhawthar side, was halted on suspicious grounds and upon through checking of the said vehicle, 30 (thirty) soap cases of brown powder weighing 378.7 grams worth Rs.15.00 Lakhs in local market suspected to be heroin No. 4 was recovered from the said vehicle. The said contraband items were seized from the joint possession of the said driver Malsaw-mdawngliana and second driver/handy-man Lalthakima. Seizure of the said contraband articles was done in the presence of reliable civilian witnesses. Sample drawing and packing was done at the place of occurrence in presence of the witnesses and Seizure Memo and recording grounds of belief was prepared. Accused persons, Malsawmdaw-ngliana and Lalthakima were arrested on 15/8/2019 at 7:00pm and Champhai PS Case No. 86/19 dtd. 15/8/2019 u/s 21 /25/29 ND&PS Act was registered and duly investigated into by S.I VL Chama Ralte who was endorsed to investigate into the case.