CHINGO Vs. STATE OF MIZORAM
HIGH COURT OF GAUHATI (AT: AIZAWL)
STATE OF MIZORAM
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(1.) Heard Mr. C. Lalfakzuala, learned counsel for the accused appellant and Mrs. Linda L. Fambawl, learned Additional Public Prosecutor, Mizoram for the State respondent.
(2.) The convicted accused Smt. Chingo, as an appellant, has preferred this Criminal Appeal being aggrieved with the Judgment and Order of conviction dated 29.05.2017 and the order of sentence dated 31.05.2017 passed by learned Special Judge (Additional Sessions Judge, Siaha), Special Court, ND and PS Act, Siaha, Mizoram in S.R. No. 04/2016 (Criminal Trial No. 49/2016) arising out of Siaha Police Station Case No. 46/2016 by which the appellant was convicted under Section 18 (c) of the ND and PS Act, 1985 and sentenced to undergo 3 (three) years of Rigorous Imprisonment with a fine of Rs. 9,000/-, in default of payment of fine, further imprisonment for 3 (three) months, setting of the period of detention already in Judicial Custody in the said case.
(3.) The prosecution case as it emerges from its First Information Report dated 05.05.2016 (Exhibit P-12) lodged by PW-1 Sh. David H. Lallianhluana, S.I. of Police is that when he along with another S.I. and an A.S.I. of Police and his staff, including woman Constable, during conducting of opium checking at N. Siaha Bazar, an woman, the accused/appellant herein of Kawlchaw East, on suspicion, was apprehended and she was brought to Siaha Police Station by woman constable and during preliminary interrogation, she disclosed that 4 (four) packets of opium was taken from Kawlchaw East to Siaha by a Sumo car on that morning, which was concealed with her son-in-law, Sh. Hmangaihsanga of Lungzarhtum (acquitted co-accused of the case) at N. Siaha Bazar and on such disclosure of the accused appellant, her said son-in-law (co accused of the case) was also apprehended and he was also brought to the Siaha Police Station, wherein, after preparing the ground of believe under Section 42 of the ND and PS Act, body search of both the accused persons were conducted, as the spot from where they were apprehended was far from the nearest concerned authority and it was during such body search of said co-accused of the case (son-in-law of the present accused appellant), the informant PW-1 recovered 4 (four) transparent polythene packets containing, dark brown substance, suspected to be opium from him, which the present accused appellant concealed with him and after such recovery of said substance, it was duly seized from the possession of the co-accused in presence of civil witnesses and after weighing the same, it was found to be of 200 grams and accordingly, the said informant drawn the sample of about 5 grams from the said seized property for its necessary examination by Forensic Laboratory from each of the four packets in presence of the civil witnesses and also the apprehended persons and thus the said informant prayed before the authority of Siaha Police Station to take necessary action against both the accused persons.;
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