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2023 Supreme(Gau) 417

MARLI VANKUNG
F. Lalbiakhlui – Appellant
Versus
State of Mizoram – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: V.L. Nghata Keivom.
For the Respondent: C. Zoramchhana.

JUDGMENT :

MARLI VANKUNG, J.

1. Heard Mr. Reuben Lalrinsanga, learned counsel for the appellant along with Mr. C. Zoramchhana, learned Public Prosecutor for the State/respondent.

2. This is an appeal under Section 374 of Cr.P.C. read with Section 36B of ND&PS Act, 1985, against the Order dated 12.07.2017 passed by the learned Judge, Special Court (ND&PS Act), Aizawl in Crl. Tr. No. 789/2015 u/s 20(b) (ii) of ND&PS Act, 1985. Wherein the appellant was convicted u/s 20(b) (ii) of ND&PS Act and sentenced to undergo 10 years RI with fine of Rs. 1,00,000/- (Rupees one lakh) id SI for 1(one) year.

3. Brief facts of the case is that on 11.03.2015 at around 9:00 A.M, a written report was received from S.I. Lalsanga of Spl. Narcotic Police Station, to the effect that on 10.03.2015 @ 11:30 PM while performing duty, the Spl. Narcotic Personnel allegedly recovered 30 Kgs of ganja which was packed in 42 polythene packets and further kept inside 4 gunny bags from the possession of F. Lalbiakhlui (35) D/o Thansanga of Dawrpui Vengthar, Aizawl, at Phunchawng on the main road of National High Way A44. Sample drawing and packing were allegedly done at the place of occurrence in presence of witnesses. Th

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