KHAWPUIMAWIA Vs. STATE OF MIZORAM

JUDGEMENT

(1.) Heard Mr. Aldrin Zothanmawia, learned counsel for the appellant and Ms. Vanneihsiami, learned Addl. Public Prosecutor, Mizoram for the State respondents.

(2.) This is an appeal under Sec. 415(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 read with Sec. 36B of the ND&PS Act, 1985 filed by the appellant against the Judgment and Order dtd. 17/5/2024 and the Sentence Order dtd. 22/5/2024 passed by the learned Judge, Fast Track Court, Kolasib in Sessions Case (K) No. 6 of 2023 corresponding to Crl. Tr. (Ex) No. 3 of 2023, convicting the appellant under S. 21(b) of the ND&PS Act, 1985 and sentencing him to undergo Rigorous Imprisonment for a period of 5 (five) years and to pay fine of Rs.5,000.00 (Rupees Five Thousand) and with a default clause.

(3.) The case of the prosecution in brief is that on 11/12/2022 at around 12:45 (Noon), Mr. Zohmingliana, ASI of Excise and Narcotics, Kolasib and his party arrested the appellant in connection with the recovery/seizure of 149.97 grams of suspected heroin from his residence at Venglai East, Kolasib. The arrest and seizure was made pursuant to receipt of a secret information from a reliable informant. As a result, Kolasib Excise and Narcotics Case No. EX-KLB/183/2022 dtd. 11/12/2022 under Sec. 21(b) of the ND&PS Act, 1985 was registered and investigated into. Upon conclusion of the investigation, charge-sheet was submitted against the appellant. Charge was then framed against him under Sec. 21(b) of the ND&PS Act, 1985 and to which, he pleaded not guilty and claimed for trial. Accordingly, trial was held and in which, the prosecution examined as many as 5 (five) prosecution witnesses while the appellant did not examine any witness in his defence. Upon the conclusion of the trial, the learned Trial Court after hearing the parties, convicted and sentenced the appellant in the manner as has already been stated earlier.