RAMENGMAWII Vs. STATE OF MIZORAM

JUDGEMENT

(1.) Heard Mr. A.R. Malhotra, the learned counsel for the appellant and Mr. A.K. Rokhum, the learned Public Prosecutor appearing for the State respondent.

(2.) The appeal is directed against the Judgment and Order dated 23.03.2017 passed by the learned Judge, Special Court under the ND&PS Act at Aizawl in Crl. Trial Ex. No. 207/2016 convicting the appellant under Section 25-A of the ND&PS Act for violation of Order-4(1) and 7 (1) of the ND&PS (Regulation of Controlled Substances) Order, 2013 made under Section 9-A of the ND&PS Act, 1985 and sentencing her to undergo Rigorous Imprisonment for 2 years and to pay a fine of Rs. 25,000/- and with a default clause.

(3.) The prosecution case in brief is that on 12.10.2015 at around 8.00 pm, information was received from a reliable source that some quantities of Pseudoephedrine was to be sold illegally in Ngaizel area for further export to Myanmar. Upon receiving such information, S.I. H. Lalhmingthangi and party rushed to Ngaizel area and at around 8.20 pm, they located the appellant seated inside the Taxi bearing Registration No. MZ 01 K 3500. Upon conducting search, 4 cement bags containing suspected Pseudoephedrine was found in the back seat and in the boot of the car. Two bags were kept in the back seat while the other two bags were kept in the boot of the car. Counting was done in the presence of the appellant and two reliable witnesses which revealed that one white cement bag contained 58 plastic bottles and the other white bag contained 50 plastic bottles. The third bag which was green in colour contained 39 plastic bottles and the fourth bags contained 31 plastic bottles. A total 178 plastic bottles suspected to be Pseudoephedrine was recovered from the 4 cement bags and each of the plastic bottles contained 2000 tablets of suspected Pseudoephedrine. Consequently, a total 3,56,000 tablets of suspected Pseudoephedrine weighing 11.392 kgs and having market value of about Rs. 4,00,000/- was recovered and seized in the presence of reliable witnesses. A sample was drawn from each of the bags in the presence of the appellant and the reliable witnesses for Forensic examination. The appellant was thus arrested and an FIR lodged before the Officer in Charge, Special Narcotic Police Station at Aizawl on the same evening itself. As a result, Special Narcotic PS Case No. 26/2015 dated 13.10.2015 under Section 25A of the ND&PS Act, 1985 was registered and investigation conducted.