JUDGMENT :

1. This order will dispose both the criminal appeal as well as the interlocutory application filed by the applicant-appellant

2. The appeal is directed against the judgment and order dated 9.3.2020 passed by the learned Special Judge under the Narcotic Drugs & Psychotropic Substances Act, 1985 (‘ND&PS Act’) Aizawl Judicial District, Champhai in SC No. 267/2018 arising out of Crl. Tr. No. 1489/2018 in connection with Champhai Excise & Narcotics Case No. 156/2018 dated 27.6.2018 under section 22(b) of the ND&PS Act by which the appellant was convicted under the aforesaid section and sentenced to 3 years rigorous imprisonment and also to pay a fine of Rs. 1,000 and in default, to undergo further imprisonment of 1 week vide order dated 11.3.2020. The interlocutory application is filed for suspension of the impugned judgment and order and the sentence imposed upon him.

3. The case of the prosecution in brief is that on 26.6.2018 Mr. B. Lalengmawia, Sub-Inspector (S.I.) of Excise & Narcotics Department, Champhai recovered/seized 8.04 grams of alprazolam tablets (70 tablets) from the possession of the appellant. Pursuant thereto, the officer concerned submitted a report as per section 57 of the ND&PS Act and produced him before the Officer in-Charge, Champhai Excise & Narcotics Station. Accordingly, a case was registered against the appellant as already reflected herein above and Mr. J. Laltlanmawia, S.I. of Excise & Narcotics Department, Champhai took up the investigation. During the investigation, he examined the seizing officer as well as the witnesses and recorded their statements. He also drew samples from the contraband substance before the Judicial Magistrate 1st Class, District Court, Champhai and sent the same for chemical analysis in the Forensic Science Laboratory (FSL), Aizawl. On analysis, the contraband tablets revealed that they contained alprazolam and the Investigating Officer (case IO), upon finding a prima facie case under the aforesaid section of law against the appellant, submitted the complaint sheet before the court.

4. Consequently, a formal charge was framed against the appellant under section 22(b) of the ND&PS Act and to which, he pleaded not guilty and claimed for trial. During the trial, the prosecution examined 3 prosecution witnesses out of the 4 listed prosecution witnesses while the defence did not examine any defence witness. The appellant on being examined under section 313 of the Cr.PC denied seizure of the contraband tablets from his possession. He also denied that the same belong to him. Thereupon, the learned trial court upon hearing the rival parties passed the impugned judgment and order convicting and sentencing him to imprisonment with fine as already stated herein above. Aggrieved, the appellant is before this court through the instant appeal.

5. Mr. A.R Malhotra, the learned counsel for the appellant by referring to the FIR dated 27.6.2018 as well as the deposition of PW-3 submits that section 42 of the ND&PS Act was violated by the investigating authority, as no information was put down in writing that there was a reason to believe from personal knowledge or information given by any person that narcotic drug or psychotropic substance or controlled substance punishable under the ND&PS Act has been committed. Referring to the deposition of PW-1, who is a seizure witness, the teamed counsel submits that the appellant was detained by the local non-Governmental Organization (‘NGO’), i.e., the Young Mizo Association (‘YMA’) from 5.00 p.m. till the Excise party came and arrested him around at 6.30 p.m. He submits that the YMA is not authorized to detain any person or conduct checking. The power of entry, search, seizure and arrest rests only with the authorities referred to in section 42 of the ND&PS. As such, section 42 of the said Act has been violated.

6. The learned counsel further submits that as per the list of samples drawn on 27.6.2018, only one sample was drawn, i.e., JL/18/CPI-24