SH. LALCHHANDAMA Vs. STATE OF MIZORAM

JUDGEMENT

(1.) Heard Mr. Victor L. Ralte, learned Amicus Curiae for the accused appellant. Also heard Mrs. Linda L. Fambawl, learned Addl. Public Prosecutor for the State.

(2.) This Criminal appeal has been preferred from Central Jail, Aizawl against the Judgment and Order dated 17.11.2016, whereby, the accused appellant has been held guilty under Section 20 (b)(ii)(B) of the ND and PS Act, 1985 and sentenced to undergo Rigorous Imprisonment for 3 (three) years and to pay a fine of Rs. 50,000/- i.d Rigorous Imprisonment for another 1 (one) year.

(3.) The prosecution case, in brief is that Inspector Malsawmkima, Excise and Narcotics, Anti-Narcotic Squad, Mizoram, Aizawl lodged a complaint on 24.05.2014 before the Officer-in-Charge, Anti-Narcotic Squad, Mizoram, Aizawl alleging that on that day at around 9:30 am, while performing his duty at Forest Check Gate, Zemabawk, he along with some constables intercepted one Nano car, which was coming from Tuirial side and after recording the reasons to believe as required under Section 42 of the ND&PS Act, he conducted search in the said vehicle and recovered 10 kgs of dried leaves with flowering tops kept in white nylon sack, carried on its back seat, whereupon he seized the aforesaid suspected contraband substance and arrested the accused appellant.