The court ruled that procedural lapses under the NDPS Act invalidated the conviction, emphasizing that non-compliance with Section 52A merits the benefit of doubt for the accused.

JUDGMENT :

Heard Mr. Joseph L. Renthlei, learned counsel for the appellant Smt. Malsawmtluangi in Crl. A. No.7 of 2023 and Mr. C. Lalfakzuala learned counsel for the appellant Sh. Samuel T.T Thanga in Crl. A. No. 27 of 2022, also heard Mrs. Mary L. Khiangte, learned Addl. PP for the state respondent in both the cases. The appellants are assailing their conviction under section 22(c) ND & PS Act arising from a common Judgment and Order dated 11.10.2022 passed by the learned Fast Track Court, Additional Sessions Judge, Kolasib District, in SC(K) No.198 of 2015 Crl. Tr. No.1267/2015 and the sentence order dated 25.10.2022 wherein both the appellants, on their conviction under section 22 ( C ) ND& PS Act were sentenced to undergo Rigorous imprisonment for a term of 10 years each and to pay a fine of Rs.10,00,00/- each, in default to undergo R.I 1( one) year. Since the instant appeals are arising out of a common Judgment & Order, both the appeals are considered together.

2. The case of the prosecution in brief is that, on 29.05.2015, SI K. Lalmawizuala lodged a written FIR stating that information was received from reliable source indicated that there was a huge quantity of contraband drugs suspected to be Methamphetamine at B. SE Thingdawl Village, Kolasib District. Accordingly, the authorized person SI K. Lalmawizuala of Spl. Narcotic PS with Police party accompanied by the Addl. SP CID (Crime) and the Officer in Charge of Spl. Narcotic PS proceeded to Thingdawl Hmar veng on the morning of 29.05.2015 to conduct search operation and intercepted one suspected person Malsawmtluangi (38) D/o V.Z. Kapmawia of Thingdawl Hmar veng at her residence.

3. The search party conducted searching of the residence of the suspected person Malsawmtluangi (38) D/O VZ Kapmawia of Thingdawl Hmar veng, and recovered one black Air-Bag from the bedroom, kept on the floor, hidden near the bed, which contained huge quantity of contraband drugs suspected to be Methamphetamine. On further checking, it was found that the bag contained 9 (nine) identical yellow packages and 1 (one) package covered with black polythene, total 10 (ten) packages. The same were seized on the spot in presence of the above mentioned two local reliable witnesses and prepared seizure memo. The total number of tablets was 58800 weighing 5.586 kgs with an estimated value of Rs.176,46,000/- at local market. Statement of seizure witnesses were recorded on the spot in separate sheet. The accused Malsawmtluangi, stated that she had received the said contraband from one Samuel T.T. Thanga @Thangtea (35) S/o T. Hauzaliana of Kolasib College Veng, who was also arrested in the presence of local witnesses and his arrest intimation was given to his wife. From the light of the enquiry and based on their statements recorded, Special Narcotic PS Case No. 12/2015 Dt. 29.05.2015 U/s 22(c)/29 ND&PS Act was registered and duly investigated into.

4. The FSL examination report was received from the Dy. SP CID (Crime), vide No. SP/CRM/ST-109/2014/1990 dt. 10.07.2017 which indicated that the exhibit C (AZL)-328(1) to C (AZL)-328(10) were found to contain Methamphetamine. From the above circumstances and statements adduced, the involvement of the accused persons was found clearly proved for the violation of Section 8 (c) of ND&PS Act