SH ROMANGA Vs. STATE OF MIZORAM
HIGH COURT OF GAUHATI (AT: AIZAWL)
STATE OF MIZORAM
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Michael Zothankhuma, J. -
(1.) Heard Mr. Lalpianfela, learned counsel for the appellant as well as Mrs. Linda L. Fambawl, learned Addl. Public Prosecutor.
(2.) The appellant has challenged the Judgment & Order dated 05.12.2017, passed by the Special Court, ND&PS Act, Champhai, in Sessions Case No. 51/2016, wherein he has been convicted and sentenced under Section 20 (b) (ii) & (B) ND&PS Act, 1985 to suffer R.I for a period of 10 years and to pay a fine of Rs. 1 lakh, i.d., S.I for 2 (two) months. He has also been convicted and sentenced under Section 14 of the Foreigners Act to suffer S.I for a period of 10 (ten) months.
(3.) The appellant's counsel submits that the impugned Judgment & Order dated 05.12.2017 should be set aside on 3 (three) grounds. Firstly, the Police Sub Inspector, who was the complainant in the case, was also the Seizing Officer and Investigating Officer. Secondly, Section 42 of the ND&PS Act, 1985 was not followed, as the complainant did not take down in writing, the information received by her with regard to recovery of the seized ganja from the house of the appellant. Thirdly, sample was not drawn from the seized article in the presence of a Magistrate, as required under Section 52-A of the ND&PS Act, 1985.;
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