F VANLALRINGA Vs. STATE OF MIZORAM

JUDGEMENT

(1.) - The present appeal has been preferred against the judgment and order dated 12. 3. 07 passed by the Special court under Narcotic Drugs and Psychotro-pic Substances Act, 1985 (for short, NDPS Act)as amended in Mizoram in Criminal case No. Cri. T. R. 399 of 2005 and case No. 5 of 2005 on 22. 2. 05 in reference to the offences under Section 20 (b) (i) (C) of NDPS act. By the said impugned order, the accused-appellant F. Vanlalringa had been convicted and sentenced to suffer rigorous imprisonment for ten years and a fine of rs. 1,00,000 and in default, simple imprisonment for another two years.

(2.) THE prosecution story is that on the night of 21. 2. 2005 at about 9. 00 p. m. , one sub- Inspector (SI) Lalthantluanga O/c darlawn received information from the president Joint YMA, Chalfilh Group to the effect that one person is reportedly proceeding to Darlawn from Ratu side with some quantity of Ganja by boarding the Sinlung hill Night Super MZ-01 A/4808. As such party left Police Station for Darlawn kawanveng side to intercept the said night bus. On checking they recovered about 25 kgs of dried Ganja packed in a white jute bag from the top carrier of the said bus and the owner of the incriminating item namely f. Vanlalringa aged about 36 years, son of thanglura (L) of Champhai Kahrwat Veng was arrested and the said Ganja was also seized. Darlawn PS case No. 5/2005 dated 22. 2. 2005 under Section 20 (b) (I) NDPS Act was registered and investigated. The Forensic Science Laboratory (FSL) examination of the sample of seized article (S. A.) revealed positive test for Ganja. In the course of investigation a prima facie case was established against. the accused and accordingly charge-sheet No. 8 of 2005 dated 8. 4. 2005 under Section 20 (b) (ii) (C) NDPS Act was submitted on 12. 4. 2005.

(3.) THE copies of charge-sheet and connected papers were furnished to the accused f. Vanlalringa on 12. 5. 2005. As the accused was not having sufficient means to engage pleader Pu R. Thangkanglova, Advocate was appointed to defend him at the expense of the State as per required under Section 304 cr. P. C.