LALTHUAMA Vs. STATE OF MIZORAM

JUDGEMENT

(1.) Heard Mr. J.C. Lalnunsanga, learned counsel for the appellant as well as Mr. A.K. Rokhum, learned Public Prosecutor, Mizoram.

(2.) The instant appeal has been prepared by the convict/appellant against the Judgment and Order dated 27.10.2016 passed by the Special Court, ND & PS Act, Aizawl in Crl. Tr. Ex. No. 1555/2015 arising out of Excise Case No. 74/2015 under Sec. 25 'A' of the ND & PS Act, 1985. By the said impugned Judgment and Order dated 27.10.2016, the learned Special Court convicted and sentenced the appellant under Sec. 25 'A' of the ND & PS Act, 1985 and sentenced him to undergo Rigorous Imprisonment for 5 years and to pay a fine of Rs. 50,000.00, in default of payment, to undergo Rigorous Imprisonment for another one year.

(3.) At the outset, it may be noticed and as will be discussed hereafter that the Judgment and Order dated 27.10.2016 passed by the learned Special Court , ND & PS Act, Aizawl in Crl. Tr. Ex. No. 1555/2015 impugned in the instant appeal was passed without affording the appellant an opportunity of sentence hearing as mandated under Sec. 235(2) of the CrPC. Therefore, consideration of the appeal on merit may not be required. However, for disposal of the instant appeal, brief facts of the case may be looked into.