JALAL HUSSAIN BARRBHUIYA Vs. STATE OF MIZORAM

JUDGEMENT

(1.) Heard Mr. Taher Ahmed Choudhury, learned counsel for the petitioner. Also heard Ms. Mary L Khiangte, learned Addl. Public Prosecutor.

(2.) This appeal under Sec. 415(2) of the BNSS, 2023 has been filed by the appellant, namely, Jalal Hussain Barbhuiya, impugning the Judgment dtd. 10/6/2025 and the order dtd. 25/6/2025 by which, the Court of learned Judge, Fast Track Court, Kolasib, convicted the appellant under Sec. 21(c) of the NDPS Act, 1985 and the appellant was sentenced to undergo rigorous imprisonment for 10 (ten) years and to pay a fine of Rs.1,00,000.00 (One Lakh), in default of payment of fine to undergo further rigorous imprisonment for a period of 6 (six) months.

(3.) The facts relevant for consideration of the instant appeal, in brief, are that on 20/9/2023, one Mr. Lalengmawia, ASI, Saiphai Police Outpost, lodged an FIR before the Officer-in-Charge of Vairengte Police Station, inter alia , alleging that on the night of 19/9/2023 at about 10:00 p.m., one Bolero vehicle (white in colour) bearing registration No. AS-11-E-6535, coming from the Churachandpur, Manipur towards Silchar, was stopped at Saiphai Police Outpost. It is further alleged in the FIR that during search of the vehicle, 42 nos. of soap cases containing brown-coloured powder, suspected to be heroin, were recovered from the possession of the appellant.