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 sec