JUDGMENT

Nelson Sailo, J. - Heard Mr. C. Lalfakzuala, learned Amicus Curiae for the appellant and Mr. C. Zoramchhana, learned Public Prosecutor.

2. This is an appeal from Jail filed by the 2 (two) accused persons/appellants against the Judgment & Order dated 17.04.2018 passed by the Special Court under the ND&PS Act, Aizawl in Crl. Tr. (Ex) No. 447/2017 whereby, they both were convicted under Section 21(b) of the ND&PS Act and sentenced to undergo 4 (four) years rigorous imprisonment with fine of Rs. 1,000/- and in default, imprisonment for 10 (ten) days in respect of the first appellant. In respect of the second appellant, on his conviction he was to undergo rigorous imprisonment for 4 (four) years and additionally, for another 2 (two) years as enhancement punishment, 6 (six) years of rigorous imprisonment in all with fine of Rs. 10,000/- and in default, a further imprisonment for 1 (one) month.

3. The case of the prosecution in brief is that on 20.01.2017 at 11:30 PM, S.I Lalrinsanga and his party accompanied by YMA (SRS) on duty seized 123 grams of heroin kept in eight soap cases and arrested the two appellants, who were said to be in possession of the heroin at Tuirial, Aizawl on