R.B. Misra, J.

1. The present appeal has been preferred against the judgment and order dated 12.3.07 passed by the Special Court under Narcotic Drugs and Psychotropic Substances Act. 1985 (for short, N.D. and P.S. Act) as amended in Mizoram in Criminal Case No. T.R.399 of 2005 and case No. 5 of 2005 on 22.2.05 in reference to the offences under Section 20(b)(i)(C) of N.D. and P.S. Act. By the said impugned order, the accused-Appellant F. Vanlalringa had been convicted and sentenced to suffer rigorous imprisonment for ten years and a fine of Rs. 1 lakh and in default, simple imprisonment for another two years.

2. The prosecution story is that on the night of 21.2.2005 at about 9.00 p.m., one Sub Inspector (SI) Lalthantluanga O/C Darlawn received information from the President Joint YMA Chalfilh Group to the effect that one person is reportedly proceeding to Darlawn from Ratu side with some quantity of Ganja by boarding the Sinlung Hill Night Super MZ-01A/4808. As such party left Police Station for Darlawn Kawanveng side to intercept the said night bus. On checking they recovered about 25 kgs of dried Ganja packed in a white jute bag from the top carrier of the said bus and the owner of the incriminating item namely F. Vanlalringa aged about 36 years, son of Thanglura (L) of Champhai Kahrwat Veng was arrested and the said Ganja was also seized. Darlawn P.S. case No. 5/2005 dated 22.2.2005 under Section 20(b)(i) N.D. and P.S. Act was registered and investigated. The Forensic Science Laboratory (FSL) examination of the sample of seized article (S.A.) revealed positive test for Ganja. In the course of investigation a prima facie case was established against the accused and accordingly chargesheet No. 8 of 2005 dated 8.4.2005 under Section 20(b)(ii)(C) N.D. and P.S. Act was submitted on 12.4.2005.

3. The copies of chargesheet and connected papers were furnished to the accused F. Vanlabinga on 12.5.2005. As the accused was not having sufficient means to engage pleader, Pu. R. Thangkanglova. Advocate was appointed to defend him at the expense of the State as required under Section 304 Code of Criminal Procedure.

4. Charge framed on 8.7.05 under Section 20(b)(ii)(C) of N.D. and P.S. Act. 1985 was read over and explained to the accused in Mizo language in presence of his learned defence counsel to which the accused pleaded not guilty and claimed to be tried.

5. In order to prove the case the prosecution has examined four witnesses, namely, (1) R. Lalpianmawia, (2) R. Manliana, (3) R. Sangzela (4) S.I. Lalthangluanga. The following documents were also exhibited to prove the prosecution case viz.

(i) Property search and seizure Memo (Ex. P-1);

(ii) Final form or chargesheet (Ext. P-2);

(iii) Report of FSL (Ext. P-3);

(iv) FIR (Ext. P-4);

(v) Arrest Memo (Ext. 5) and

(vi) Seize Article. (M. Ext. 1)

6. Whereas the accused has examined two defence witnesses, namely, (1) Ngurchnuanthanga and (2) Lalnimmawii, the co-passengers travelling in the bus/vehicle in question.

7. (P.W. 1) R. Lalpianmawia stated, "I know the accused F. Vanlalringa who is present in the Court. On 21.2.2005 we had YMA Kumpuan duty. During the relevant time I was Vice President Joint YMA Darlawn and Vice President i/c Darlawn. At around 7 p.m. we had received information from Ratu YMA through Telephone that a bag of Ganja was loaded in the Sakawrdasi night bus and proceeded towards Aizawl and the owner of the Ganja was also in the Bus. Then, we informed O/C Darlawn P.S. The O/C and his party immediately came near SBI Office at Darlawn and we were also present there with Police. At about between 8-9 p.m. the said night bus arrived Darlawn and the Police halted/stopped the bus and they had recovered one bag containing suspected Ganja from the roof-top of the bus and the accused F. Vanlalringa who was in the bus claimed ownership and he slated that he is trying to sell it for educational fees of his children." In the cross-examination (P.W. 1) stated that he did not know who tele