JUDGMENT :

1. Heard Mr. C. Lalfakzuala, learned counsel for the appellant and Ms. Mary L. Khiangte, learned Additional Public Prosecutor for the State respondent.

2. This appeal is directed against the Judgment & Order dated 13.05.2022 passed by the learned Special Judge under the ND&PS Act, Aizawl in SR No. 52/2017 arising out of Criminal Trial No. 421/2017, whereby the appellant was convicted under Section 22(c) r/w Section 8(c) of the ND&PS Act. Upon such conviction, the appellant was sentenced to undergo Rigorous Imprisonment for 10 years and to pay a fine of Rs. 1 lakh and with a default clause vide Order dated 21.05.2022.

3. The case of the prosecution in brief is that a reliable information was received that some amount of contraband drugs suspected to be Methamphetamine was in transit at Thuampui Veng, Aizawl. Therefore, an information report was submitted to the Officer-in-charge, Special Narcotic Police Station who then immediately issued an authorisation under Section 41(2) of the ND&PS Act, authorising one S.I K. Lalmawizuala to conduct search of the suspected person, building and its premises. On proceeding to Thuampui, the suspected person was intercepted and after arranging two local witnesses, the person was asked as to whether he wanted to be search in front of the Gazetted Officer or a Magistrate. The suspect declined the offer and accordingly, the authorised Sub-Inspector search his belongings and the premises in the presence of the two local witnesses and recovered 12 packets of blue plastic polythene, containing tablets suspected to be Methamphetamine which was concealed inside the house. The same was seized and marked before the two local witnesses. Upon weighing the seized article, it was found to be 444 grams consisting of 4442 numbers of tablets and having the local market value of Rs. 2,22,100/-approximately. Samples were drawn and sent for FSL examination. The suspect was accordingly arrested and an FIR was filed on 18.09.2016 by the authorised Sub-Inspector before the Officer-in-charge, Special Narcotic Police Station, Aizawl, Mizoram. The FIR was registered as Special Narcotic PS Case No. 20/2016 dated 18.09.2016 under Section 22(c) of the ND&PS Act.

4. After the case was registered in the above manner, the Investigating Officer conducted the investigation and found a prima facie case to be well established against the appellant under Section 22(c) of the ND&PS Act and accordingly, submitted the final report. The learned Special Judge framed the charge against the appellant under Section 22(c) of the ND&PS Act on 04.05.2017, and to which, the appellant pleaded not guilty and claimed for trial. As such, trial commenced against the appellant and during the trial, the prosecution examined as many as 3 (three) prosecution witnesses, while the defence examined one witness. After the evidence of the prosecution was over, the appellant was examined under Section 313 Cr.P.C. so as to enable him to explain the evidence which appeared against him. The appellant however, denied of his involvement in the recovery of the suspected drugs. He also denied having been given the offer to search before the Magistrate or a Gazetted Officer. Thereafter, the learned Special Judge upon gathering the parties and considering the evidence led during the trial convicted and sentenced the appellant in the manner as already indicated hereinabove.

5. Mr. C. Lalfakzuala, learned counsel submits that although the FSL report indicated that the suspected drugs that were seized contained Methamphetamine but the FSL report was not exhibited by the prosecution during the trial. The prosecution also did not examine the expert, who had examined the seized articles in the FSL. He further submits that the Investigating Officer was also not examined by the prosecution during the trial. The prosecution further failed to exhibit the charge sheet as well. Referring to page No. 28 & 29 of the paper book, the learned counsel submits that althoug