The conscious knowledge of transporting contraband, as well as the failure to discharge the burden under Section 35 of the ND&PS Act, were central to the court's decision.

JUDGMENT

Nelson Sailo, J. - Heard Mrs. Dinari T. Azyu, the learned Amicus Curiae for the appellant as well as Mr. C. Zoramchhana, the learned Public Prosecutor appearing for the State respondent.

2. This is an appeal from jail preferred by the accused/appellant against the Judgment & Order dated 09.04.2019, passed by the Special Court under ND&PS Act, 1985 (ND&PS Act), Aizawl, Mizoram in Criminal Trial (Ex.) No. 713/2017 arising out of Excise Case No. N-61/2017 under Section 20(b)(ii)(C) of the ND&PS Act, by which two accused persons including the present appellant were convicted under the aforesaid section and also the order of Sentence dated 24.04.2019, by which the appellant and the co-accused were sentenced to undergo Rigorous Imprisonment for 10 years with fine of Rs. 500/- each and in default to undergo S.I. for 10 days. This appeal is preferred by the convict Sh. Zamkhawgin only.

3. The story of the prosecution in brief is that on the 17th March, 2017 at around 3:00 PM, SI C. Lalbiaktluanga received information from a reliable source that ganja was to be transferred at Rangvamual. He therefore recorded the information received by him and then formed a team to investigate on the case. While on duty, he suspected two (2) persons to be doing illegal business at the verandah of the residence of Vanlalhriati without her knowledge. So, the officer recorded grounds of belief as per U/s 42 of ND & PS Act, ''85 to conduct search. Before conducting search, they called two (2) volunteers as witnesses. On conducting search, they recovered three (3) nylon bags of dried leaves with flowering tops suspected to be Ganja. On interrogation, the two suspects confirm that it belonged to them. The weight of the suspected ganja was taken in the presence of reliable civilian witnesses and it was found to be 20.150 Kgs. The suspected ganja was then packed and sealed to be produced before the Magistrate. The Excise personnel then prepared seizure and arrest memo against the accused (1) Zamkhawgin (45) S/o Zamkhanning (L) of Lamka, Manipur (2) Lalsangzuala (31) S/o Laldenlien of N.E. Tlangnuam, Mizoram as being the dual possessors of the illicit ganja.

4. After the contraband substance was seized and the appellant and the co- accused were arrested, the Arresting Authority submitted a report before the Officer-in-charge of the Anti Narcotic Squad and Excise Case No. N-61/2017 under Section 20(b)(ii)(C) of the ND&PS Act was registered and investigations conducted. Upon completion of the investigation, the Case I.O. found a prima facie case well established against the two accused persons namely Lalsangzuala and the appellant Zamkhawgin U/s 20(b)(ii)(C) of ND & PS, ''85 and he submitted a complaint sheet to the Court.

5. Mrs. Dinari T. Azyu, the learned Amicus Curiae submits that the appellant did not claim ownership of the seized article at any point of time and this fact can be appreciated from the complaint sheet submitted by the case I.O. before the Trial Court. Referring to the statement of the co-accused person i.e., Sh. Lalsangzuala recorded by the Excise personnel, she submits that it is clear that it was he who had bought the Ganja from Manipur for selling the same at Rangvamual. She also submits that from the statement of the accused recorded by the Excise personnel, it is clear that the seized article did not belong to the appellant but to the co-accused person.

6. The learned Amicus Curiae submits that there are contradictions in the evidence of the PW-1. The PW-1 in the beginning of his cross examination by the counsel for the co-accused stated that the seized article was not covered with blue coloured silpaulin but in the later part, he stated that the three bags that were seized were kept amongst the sugar cane and were covered with blue coloured silpaulin. The said witness thereafter on being cross examined by the counsel for the appellant stated that the seized article was said to be owned by Sh. Lalsangzuala as recorded by the Exci