JUDGMENT & ORDER (CAV)

P.K. Musahary, J.—The appellant was convicted under Section 20 (b)(ii) (c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (ND & PS, Act in short) and sentenced to undergo 10 (ten) years rigorous imprisonment with a fine of Rs.1,00,000 in default to suffer another two years imprisonment by judgment and order dated 23.7.2008 passed in Criminal Trial (Customs) No. 1/2006 by the learned Judge, Special Court, NDPS Act, Mizoram, Aizawl. This appeal has been preferred against the said judgment and order for setting aside the conviction and sentence aforesaid.

2. The prosecution story has been narrated as follows: Shri G. K. Mang, Inspector (A/S Unit) Customs Division, Aizawl received information on 25.5.2006 that one Mahindra Marshal Jeep in blue colour with ganja in secret cavities was proceeding towards Aizawl. He took down the information and forwarded the same to the Superintendent of Custom, Aizawl Division, who endorsed the case to the said Inspector G.K. Mang for taking further necessary action. On 26.05.2006, the Inspector G. K. Mang with his party accompanied by two civilian witnesses proceeded to and intercepted the vehicle at Nuthlawikawi. Tw