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2020 Supreme(Gau) 539

MICHAEL ZOTHANKHUMA, NELSON SAILO
Lalengliana – Appellant
Versus
State Of Mizoram – Respondent


Advocates Appeared:
Vanlalnghaka, Advocate, A.R. Malhotra, Advocate, Mary Lalawmpuii, Advocate, Juliana Lalhmangaihi, Advocate, K. Malsawmtluangi, Advocate, C. Zoramchhana, Advocate

JUDGMENT

1. Heard Mr. A.R. Malhotra, learned counsel for the appellant as well as the learned Amicus Curiae, Mr. Vanlalnghaka. Also heard Mr. C. Zoramchhana, learned Public Prosecutor.

2. The present appeal is filed by the two convict appellants against the impugned Judgment & Order dated 27.08.2019 passed by the Special Court, ND&PS Act, Champhai in SR No. 15/2018 arising out of Criminal Trial No. 121/2018, by which they have been convicted under Section 21(c) ND&PS Act and sentenced to undergo 20 years RI with a fine of Rs. 1 lakh each, i.d., RI for 2 months. The appellants were also convicted under Section 14 of the Foreigners Act and sentenced to imprisonment for a period of 5 months each.

3. The prosecution case in brief is that on 19.08.2017, S.I. H. Lalengzama of Champhai Police Station received an information at around 3:45 PM, to the effect that heroin was going to be smuggled into India from Myanmar. S.I. H. Lalengzama thereafter put down in writing the information received by him and after taking prior authorization from the O.C. Champhai P.S., he and his party conducted checking at Dungtlang Police check gate. In the meantime, a red alert had also been issued to all the

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