JUDGMENT :

M. Zothankhuma, J.

Heard Mr. Vanlalnghaka, learned Amicus Curiae. Also heard Mrs. Linda L. Fambawl, learned Addl. Public Prosecutor.

2. This is an appeal against the Judgment & Order dated 07.11.2019 passed by the Special Court, ND&PS Act, Champhai in Sessions Case No. 106/2018 arising out of Criminal Trial No. 657/2018, by which the appellant has been convicted under Section 20(b)(ii)(C) of the ND&PS Act, 1985 and sentenced him to undergo rigorous imprisonment for 12 years with a fine of Rs. 1 lakh, in default rigorous imprisonment for 6 (six) months.

3. The prosecution story of the case in brief is that S.I Jerry L.D Poonte, in-charge of DSB, Champhai Police received information that contraband was going to be transported in a Maxi Cab Sumo. On the basis of the information which was taken down in writing, Mr. Jerry L.D Poonte, S.I and his party conducted a search of Maxi Cab Sumo bearing registration No. MZ-01-J-9673 at Zote village, Champhai and thereupon seized 2 (two) white nylon bags and 1 (one) green hold-all. The same contained seeds and flowering tops suspected to be ganja weighing a total of 51.6 kilograms. Thereafter, Champhai P.S Case No. 9/2018 dated 31.01.2018