JUDGMENT :

1. Heard Mr. B. Lalramenga, the learned counsel for the appellant and Mrs. Linda L. Fambawl, the learned Addl. Public Prosecutor for the State respondent. None appears for the respondent No. 2.

2. Notice was deemed served upon the respondent No. 2 vide Order dated 05.04.2019 and therefore, this case is taken up for final disposal.

3. The appellant has filed the present appeal against the Judgment & Order dated 19.09.2018 passed by the learned Judge, Special Court under the ND&PS Act, 1985, Siaha Mizoram in SR No. 18/2018, whereby the appellant and the co- accused have been convicted and sentenced by way of a common order. The appellant was convicted under Section 21(b) read with Section 29 of the ND&PS Act, 1985. On such conviction, he was sentenced to undergo 3 years Rigorous Imprisonment and to pay a fine of Rs. 5000/- with a default clause vide Order dated 20.09.2018.

4. Mr. B. Lalramenga, the learned counsel for the appellant submits that the appellant was convicted and sentenced on the ground of alleged recovery of 28 grams of Heroin from the residence of the co-accused. As the appellant was seen with the co-accused, he has been convicted and sentenced for abetment unde