K LALCHHANKIMA Vs. STATE OF MIZORAM & ANR

JUDGEMENT

(1.) Heard Mr. B. Lalramenga, learned counsel for the appellant. Also heard Mr. A.K. Rokhum, learned Public Prosecutor for the State.

(2.) The appellant has filed this appeal against the Judgment & Order dated 10.07.2017, passed by the learned Addl. Sessions Judge, Siaha in S.R. No. 1/2017, arising out of Siaha P.S Case No. 44/2016, by which the appellant has been convicted under Section 20 (b) (ii) (B) of ND&PS Act, 1985 and sentenced to undergo 4 (four) years rigorous imprisonment with a fine of Rs. 20,000/-, i.d imprisonment for a period of 4 (four) months for possession of 1000 grams of Ganja.

(3.) The appellant's counsel submits that though he has prayed for setting aside the conviction and sentence of the appellant in the appeal petition, he limits his prayer to reducing the sentence of the appellant as the appellant could have been convicted only under Section 20 (b) (ii) (A) of the ND&PS Act, 1985 and not under Section 20 (b) (ii) (B).