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 Bawngkawan Aizawl coming from Zokhawthar side was stopped on suspicious ground and upon thorough checking of the said vehicle, the search party recovered from the said vehicle 30 (thirty) soap cases of brown powder weighing 378.7 grams suspected to be Heroin worth Rs. 15 Lakhs approximately in the local market. The said contraband items was seized from the joint possession of the driver Malsawmdawngliana (27) S/o: C. Dinthanga of Bawngkawn Aizawl and the second driver Lalthakima (41) S/o: T. Chhuma of Khawzawl Vengthar, namely, the appellant herein.

4. Pursuant to the investigations being carried out, charge-sheet was submitted and charges under one head were framed against both the accused persons including the appellant under Sections 21(c)/25/29 of the NDPS Act. The accused persons pleaded not guilty. As such, the matter went for trial.

5. The prosecution had examined 5 (five) witnesses but the defence did not present any witness. The Trial Court on the basis of the evidences adduced by the prosecution had held that the prosecution had succeeded in bringing home the charge against the accused persons under Sections 21(c)/25/29 of the NDPS Act, 1985. The Trial Court therefore convicted the accused persons for possession of 378.7 grams of heroin under Sections 21(c)/25/29 NDPS Act. The Trial Court vide order dated 16.12.2021 sentenced the accused persons to undergo Rigorous Imprisonment for 12 (twelve) years each and to pay a fine of Rs. 1,00,000/-(Rupees twenty thousand) each. In default of payment of the fine, it was directed that they shall further undergo Simple Imprisonment for 2 (two) months each. It was further directed that the period of detention already undergone by the accused persons in connection with this case shall be set off against the sentence imposed.

6. Being aggrieved by the impugned Judgment dated 16.12.2021 passed by the Special Judge, NDPS Act, Champhai, Judicial District, Champhai, the present criminal appeal has been preferred on behalf of the accused No. 2 namely, Lalthakima @ Thatea. We have been informed that no appeal has been preferred by the accused No. 1.

7. P.W-1, Zirthanga Pachuau had identified the accused in the Court. He deposed that on 15.08.2019, a police team under his command and under the aegis of Addl. Superintendent of Police, namely Pu Laldingngheta, CID (SB) performed random checking of vehicles plying on national highway between Champhai and Zokhawthar particularly at a place called Hringlangtlang pend to check infiltration and influx of anti-social in the event of peaceful celebration of Independence day and also to deal with smuggling of contraband substances. During the random checking of vehicles at around 3.30 P.M. Maxi Cab Sumo bearing registration No. MZ02A-4009 which was coming from Zokhawthar was stopped