SH. ZODINMAWIA Vs. STATE OF MIZORAM AND OTHERS
HIGH COURT OF GAUHATI
State Of Mizoram And Others
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NELSON SAILO,J. -
(1.) Heard Mr. K. Laldinliana, the learned counsel for the appellant and Mr. A.K. Rokhum, the learned Public Prosecutor.
(2.) This is an appeal against the Judgment and Order dated 03.05.2018 passed by the learned Special Judge under the Narcotic Drugs and Psychotropic Substances Act, 1985 (ND&PS Act), Aizawl Judicial District, Champhai, Mizoram in Session Registration No. 30/2016 arising out of Criminal Trial No. 190/2016 convicting and sentencing the appellant under Section 21(b) of the ND&PS Act and sentencing him to undergo Rigorous Imprisonment for a period of 3 years and to pay fine of Rs. 20,000/- with a default clause.
(3.) The case of the prosecution briefly is that on 11.10.2015, an Assistant Sub-Inspector of Police, Mr. V.L. Chama Ralte, Officer-in-charge of Zokhawthar Police Outpost alongwith other Police personnels while performing duty in the outpost recovered 32 grams of contraband substances suspected to be heroin from the possession of the appellant. As a result, Champhai Police Station Case No. 157/2015 dated 11.12.2015 under Section 21(b) of the ND&PS Act was registered against the appellant after an FIR was filed. The case was investigated into by Mr. Lalsangliana, Sub-Inspector of Police. During his investigation, he visited the place of recovery and seizure. He arrested the accused and interrogated him. Upon finding a prima facie case against the appellant under Section 21(b) of the ND&PS Act, he submitted a charge sheet against the appellant before the Court. Samples of the seized contraband substances were also sent to the Forensic Science Laboratory at New Secretariat Complex, Aizawl for chemical analysis. Upon such examination, the seized contraband substances were found to be heroin.;
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