P.K. Musahary, J.

1. 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, ND & PS 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 26.5.2006, the Inspector G.K. Mang with his party accompanied by two civilian witnesses proceeded to and intercepted the vehicle at Nuthlawikawi. Two persons jumped out from the said vehicle and ran into the jungle. The VDP and Young Mizo Association (YMA) Seling Branch were requested over phone to come immediately for assistance in search of two persons who fled away from the said vehicle and ran into the jungle. Around 30(thirty) persons from the aforesaid organizations came and assisted the custom party in the search operation. The appellant was apprehended at around 1:30 to 2:00 P.M. on 26.5.2006. The appellant was taken to the place where the blue colour Mahindra Marshal Jeep was standing and while he was asked in presence of other persons, he replied that he was the driver of the said vehicle and he was carrying Ganja in the said jeep. The custom party failed to apprehend the other person and he remained absconder. The vehicle was brought to the custom's office at Aizawl where the custom party opened the secret cavities of the jeep in presence of the accused appellant, civilian witnesses and the superintendent of custom and recovered 92 packets of ganja in compressed form, different sizes properly wrapped with paper and polythene. The weighment of the Ganja recovered was taken which weighted net 310.246 kgs. On further checking of the said jeep, 03 pairs of number plates bearing No. MN-05A-1175, AS-OIT-7882 and W.B. 74D-2357 along with supporting registration certificates, having same chassis number and engine number, were also recovered. The recovered materials were seized. Representative sample in small quantity from every packet were drawn and mixed together, 50 grams each in three packets which were duly sealed with signature of accused-appellant and witness including gazetted officers of custom department. One sample of the seized Ganja was sent to F.S.L, Mualpui. The appellant was arrested. Inspector G.K. Mang took the statements of civilian witnesses on 29.5.2006. He also took the statements of civilian witnesses on 29.5.2006. The F.S.L report was received. The same was found to be ganja. The appellant was produced before the court of Magistrate, First Class, Aizawl on 27.5.2006 and was remanded to judicial custody on 29.5.2006, After completion of investigation, the Inspector, Shri. G.K. Mang submitted the charge sheet on 5.10.2006 under Section 20(b)(ii)(c) of the ND & PS Act against the accused-appellant and 4 other accused persons who are still absconding. The appellant pleaded not guilty and stood the trial. The prosecution produced and examined 4 witnesses while the appellant produced no witness in his defence.

3. I have heard Mr. S. Satyendra Singh, Learned Counsel for the appellant and Mr. Zothankhuma, learned Special Public prosecutor, appearing on behalf of the respondent.

4. Mr. Singh, Learned Counsel for the appellant assails the impugned judgment and order mainly on the grounds:

(i) Non-