LALTHUAMA Vs. STATE OF MIZORAM

JUDGEMENT

(1.) Heard Mr. J.C. Lalnunsanga, the learned Amicus Curiae for the appellant and Mrs. Linda L. Fambawl, the learned Addl. Public Prosecutor.

(2.) This is an appeal directed against the Judgment & Order dated 27.10.2016 passed by the learned Special Court under the ND&PS Act Aizawl in Criminal Trial Ex. No. 1555/2015, convicting the appellant under Sec. 25-A of the Narcotic Drugs & Psychotropic Substance Act, 1985 (ND&PS Act) for violation of Clause 4 (1) and Clause 7 (1) of the ND&PS Act (Regulation of Controlled Substances) Order, 2013 passed under Sec. 9-A of the ND&PS Act as well as the Order dated 24.03.2017, by which the appellant, for his conviction under the aforesaid Sec. was sentenced to a Rigorous Imprisonment for 4 years and to pay a fine of Rs. 25,000.00 with a default clause.

(3.) It may be stated herein that the appellant was earlier sentenced to a Rigorous Imprisonment for 5 years and to pay a fine of Rs. 50,000.00 with a default clause vide the Judgment & Order dated 27.10.2016. On an appeal filed by him, this Court after coming to a finding that no sentence hearing was conducted as contemplated under Sec. 235 of the Cr.P.C, the case was remanded back to the Trial Court for sentence hearing. The appeal was registered and numbered as Criminal appeal No. 32/2016. Pursuant thereto, the Trial Court vide Order dated 24.03.2017 passed the sentence upon the appellant as already stated hereinabove.