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2021 Supreme(Gau) 723

Rohmingthanga – Appellant
Versus
State of Mizoram – Respondent


Advocates:
Advocate Appeared:
For the Appellants : J.C. Lalnunsanga, Jonathan Lalrintluanga, Lalrinhlua Tlau, Baby Lalduhsangi, F. Lalengliana, R. Lalmuanpuia, Zosangpuia.
For the Respondent: Linda L. Fambawl.

JUDGMENT :

Nelson Sailo, J.

1. Both the criminal appeals arise out of the common judgment and order dated 29.8.2019 and the order of sentence dated 04.09.2019 passed by the Court of Additional District and Sessions Judge-III, Aizawl Judicial District, Aizawl in S.C. No. 125 of 2016, A/o Cr. Tr. No. 1150 of 2016 u/s. 25(1-A) of the Arms Act, 1959 (Arms Act) r/w Section 34 of the Indian Penal Code (IPC) and therefore, they are taken up together for disposal.

2. The case of the prosecution in brief is that on 16.01.2015, pursuant to the information received from sources, CID (SB) Staff, Narcotic P.S Staff and ‘G’ Branch SHQ, BSF, Aizawl conducted a joint operation in the evening of 16.01.2015 at 3:15 p.m. and recovered 1986 numbers of 5.56 mm prohibited ammunition estimated to be valued at Rs. 5,95,800/- from one taxi bearing registration No. MZ-01 C 0985 near Sairang village. The driver of the said taxi Mr. Rohmingthanga (the appellant in Crl. A. No. 46/2019) and his passenger Laldinnghaka were apprehended and the ammunition seized. Accordingly, an FIR was lodged before the Officer-in-Charge, Sairang Police Station, Aizawl, Mizoram and Sairang P.S Case No. 3/2015 dated 16.1.2015 U/s 25(

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