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. The alleged illegal possessor F. Lalbiakhlui was arrested on 11.03.2015 at 9:00 a.m. The total value of the seized articles was estimated at Rs. 1,20,000/- as per the local market rate. Hence, Spl. Narcotic PS Case No. 7/15 dated 11.3.2015 U/s 20 (b)(ii) (C) ND&PS Act was registered and duly investigated into. During investigation, it was allegedly revealed that the said Ganja was from Champhai and taken to Phunchawng for sale. The FSL report declared that the seized articles were Ganja. A prima facie case under Section 20(b) (ii) (C) ND&PS Act, 1985 was found established against the accused F. Lalbiakhlui (35) D/o Thansanga of Tuikual North, Aizawl, charge sheet was submitted and she was sent to Court to face trial.

4. During the trial, the learned Special Court, ND&PS, examined 4 Nos. of prosecutions witness and thereafter, the appellant/accused was examined under section 313 Cr.P.C. on 28.9.2016, no defence witnesses were produced. The learned Trial Court heard both the parties and passed the impugned Judgment & Order dated 12.07.2017 convicting the appellant under section 20(b)(ii)(c) of ND&PS Act, 1985 and sentenced her to undergo R.I. 10 years and pay a fine of Rs. 1 (one) lakh in default S.I. for 1 (one) year. Aggrieved, the instant appeal has been filed.

5. Mr. Reuben Lalrinsanga, learned counsel for the appellant submits that the learned Trial Court had erred in convicting the appellant under Section 20(b) (ii) of ND&PS Act, 1985 since the case I/O and Seizing Officer did not followed the mandatory provisions under the ND&PS Act, 1985. He submits that at the time of the alleged seizure of the seized articles Section 50 sub-section 4 was not followed while body search of the appellant, who is a female, was conducted. She was searched by the male S.I. Lalsanga, who was also not a Gazette officer. He further submits that, though the S.A. was recovered from the Taxi, the Taxi driver was not made an accused but was made a prosecution witness and the Taxi from where the seized article was not confiscated, which is not as per the provisions of Section 60 sub-section 3 of ND&PS Act, 1985. He submits that the appellant was innocent since the seized articles belong to other passengers who have not been arrested. The learned counsel for the appellant also submits that at the time of making the inventory of the seized articles, the provisions of Section 52-A was not followed, there was no evidence of certifying the correctness of the inventory so prepared; nor was it taken in the presence of a Magistrate and the drawing of samples of such drugs or substances, was not in the presence of a Magistrate and there was no certifying the correctness of any list of samples so drawn.

6. The learned counsel also submits that from the evidence of the seizure witness it