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2021 Supreme(Gau) 37

NELSON SAILO
T. Thianlala Teikhang – Appellant
Versus
State of Mizoram – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Zoramchhana
For the Respondent: Mr. C. Zoramchhana.

JUDGMENT :

NELSON SAILO, J.

1. Heard Mr. Zoramchhana, learned counsel for the appellant and Mr. C. Zoramchhana, learned Public Prosecutor, Mizoram for the State/respondents.

2. This appeal filed by the appellant is directed against the Judgment and Order dated 09.08.2019, passed by the Court of Additional Session Judge-III, Aizawl in S.C. No. 157/2017, arising out of Criminal Trial No. 1279/2017, whereby the appellant was convicted under Section 489 ‘C’ of the Indian Penal Code (IPC). On his conviction, he was sentenced to undergo 2 years Simple Imprisonment with fine of Rs. 10,000/- and in default thereof, a further Simple Imprisonment for 1 month vide Order dated 16.08.2019. In respect of the co-accused Smt. Lalbiakthangi Varte, who was also charged with the same section of law, she was acquitted of the charge vide the impugned Judgment & Order dated 09.08.2019.

3. The case of the prosecution in brief is that on receiving certain information, the team of CID (SB) on 31.03.2017 at 4:30 p.m. apprehended the appellant at the roadside of Zonuam, Aizawl (beneath the graveyard) as he was found carrying suspected Fake Indian Currency Notes (FICN) inside a black rack sack. A total 305 number

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