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2022 Supreme(Gau) 96

NELSON SAILO
Malsawmdawngkima S/o Lalsawitluanga – Appellant
Versus
State of Mizoram represented by the Secretary to the Govt. of Mizoram Home Department – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. A.R Malhotra Mr. Lalramhluna Mrs. Mary Lalawmpuii Ms. Juliana Lalhmangaihi
For the Respondent: Mr. C. Zoramchhana, Public Prosecutor

JUDGMENT :

Heard Mr. A.R Malhotra, learned counsel for the appellant and Mr. C. Zoramchhana, learned Public Prosecutor for the State respondents.

[2.] This is an appeal against the Judgment & Order dated 09.03.2020 passed by the learned Special Court under the Narcotic Drugs & Psychotropic Substances Act, 1985 (ND&PS Act), Aizawl Judicial District, Champhai in Sessions Registration No. 50/2015 A/o Crl. Tr. No. 292/2015 whereby, the accused/appellant was convicted under Section 21(b) of the ND&PS Act and thereafter, sentenced to Rigorous Imprisonment for a period of 8 (eight) years with a fine of Rs. 90,000/-and a default clause vide Order dated 11.03.2020.

[3.] Be it stated herein that the appellant was earlier acquitted by the learned Trial Court vide Judgment & Order dated 07.09.2015 by giving him the benefit of doubt. Aggrieved, the State preferred Criminal Appeal No. 11/2017 and vide Judgment & Order dated 25.01.2018 the case was remanded back for retrial with a direction to examine the concerned officer-in-charge of the Excise Station, Champhai and the Superintendent of Excise, who had sent the samples for examination in the Forensic Science Laboratory (FSL). On remand, the evide

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