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2019 Supreme(Gau) 1060

MICHAEL ZOTHANKHUMA
Tsukjemsowa Longchar – Appellant
Versus
State of Nagaland – Respondent


Advocates:
Advocate Appeared:
Sentiyanger, Moa Jamir, Tongpok Pongener, Chuba Imchen, Moasenla, K. Wotsa.

JUDGMENT :

Michael Zothankhuma, J.

1. Heard Mr. Sentiyanger, learned counsel for the appellant. Also heard Mr. K. Wotsa, learned P.P.

2. The appellant has prayed for setting aside the judgment and order dated 07.08.2018 passed by the Special ND and PS, in GR Case No. 150/2014, by which the appellant has been convicted under section 21(c) of the ND and PS Act, 1985 and sentenced to undergo rigorous imprisonment for a period of 10 (ten) years with a fine of Rs. 1,00,000/- (One lakh) in default 3 (three) months simple imprisonment vide sentence order dated 09.08.2018.

3. The case involves the seizure of 150 grams (net weight) of cocaine, which was received by the appellant in Dimapur, Nagaland and which was sent from Argentina. The Prosecution case is that on 18.03.2014, the IO received information from NCB, Guwahati informing him that a consignment of cocaine was being smuggled from Argentina and that the expected destination was Dimapur, Nagaland. The address of the cocaine consignment, as given by the NCB, Guwahati was Zopar Fresh Flowers, FF-3, Millennium Building Complex, Old Market, Marwari Patti, Dimapur.

4. The Prosecution's further case is that the information received was reduced

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