NELSON SAILO
Zamkhawngin S/o Zamkhanning – Appellant
Versus
State of Mizoram – Respondent
1. Heard Mr. C. Lalfakzuala, the learned counsel for the appellant as well as Mr. A.K. Rokhum, the learned Public Prosecutor for the State respondent.
2. By filing this appeal, the appellant has challenged the Judgment & Order dated 28.02.2018 passed by the learned Judge, Special Court under the ND&PS Act at Aizawl in Criminal Trial No. 115/2016 whereby, the appellant was convicted under Section 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substance Act, 1985 (ND&PS Act) and sentenced to a rigorous imprisonment for 5 years with a fine of Rs. 5000/- and with a default clause.
3. Assailing the order of conviction and sentence, Mr. C. Lalfakzuala, the learned counsel submits that the appellant could not have been convicted and sentenced by the learned Trial Court, inasmuch as, the entire investigation right from the seizure of the alleged material suspected to be Ganja up to the filing of the charge sheet is vitiated by multiple defects and short comings. The learned counsel by referring to the FIR submitted by one Mr. Saingura Sailo, Assistant Sub-Inspector of Police, Saitual Police Station submits that upon receiving a telephonic information from Wing Commande
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