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2023 Supreme(Gau) 488

NELSON SAILO
Lalnilawmsanga, S/o. Laldawngliana (L. ) – Appellant
Versus
State of Mizoram, Aizawl – Respondent


Advocates Appeared:
For the Petitioner: Mr. C. Lalfakzuala.
For the Respondent: Ms. Mary Lalruatkimi Khiangte.

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 arr

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