SH. LALMAWIA Vs. STATE OF MIZORAM

JUDGEMENT

(1.) Heard Mr. A.R. Malhotra, the learned counsel for the appellants as well as Mr. C. Zoramchhana, the learned Public Prosecutor, Mizoram for the State respondents.

(2.) This is an appeal under Section 374 of the CrPC preferred by the appellants against the Judgment and Order dated 11.10.2018 as well as against the order of Sentence dated 12.10.2018 by which, they were convicted under Section 21 (c) of the ND&PS Act, 1985 (ND&PS Act) and sentenced to undergo RI for 15 years and to pay a fine of Rs. 1,00,000/- each and i.d. thereof, another RI for 1,000 days each.

(3.) The case of the prosecution in brief is that 318 grams of suspected heroin was recovered and seized from the possession of both the appellants at around 4:00 P.M on 03.08.2017 in the outskirts of Pukpui, near the Nursery of Environment and Forest Department, which was transported in a Motor Cycle bearing registration No. MZ-06/5272. The appellants were therefore arrested and the contraband substance suspected to be heroin was seized in front of civilian witnesses. Samples were drawn for examination in the Forensic Science Laboratory before the Magistrate and in the presence of civilian witnesses. Both the appellants were also alleged to have entered into India (Mizoram) from Myanmar without valid passport, visa or permit and thereby, attracting clause 3 of the Foreigners Order, 1948 and Section 14 of the Foreigners Act, 1946. As a result, Lunglei Police Station Case No. 115/2017 dated 03.08.2017 was registered and investigations conducted. Upon completion of the investigation, the Investigating Officer, found a prima facie case against the appellants under Section 21 (c) of the ND&PS Act and also under Section 14 of the Foreigners Act, 1946 and therefore, filed a Charge-sheet before the Trial Court below.