JUDGMENT :

Soumitra Saikia, J.

This criminal appeal arises out of the Judgment and Order dated 15.12.2021 passed by the learned Special Judge, NDPS Act, Champhai in SC Regn. No. 299/2019 arising out of Crl. Tr. No. 1702/2019.

2. The appeal was admitted on 20.05.2022 and LCR was called for. After receipt of the LCR, paper-book was prepared and served to the respective counsel. The matter has thereafter been listed before this Court and taken up for disposal in the presence of counsel representing both the parties.

3. The prosecution case as unfolded from the materials available on record, is that on 15.08.2019 the informant one SI Zirthanga Pachuau, Sector Officer, CID(SB), Champhai, lodged an FIR stating that on 15.08.2019 at about 3.30 PM a joint operation was conducted by CID(SB) led by Addl. Superintendent Police, CID (SB)-Champhai, Champhai and DEF staff led by SDPO Champhai and 8th Assam Rifles conducted random checking at Zokhawthar Road near Hringlangtlang Junction (between Mualkawi and Melbuk Village) for the peaceful celebration of 73rd India Independence Day, 2019. One Maxi Cab bearing Registration No. MZ-02A-4009 driven by Malsawmdawngliana (27), S/o: C. Dinthanga of Bawngka