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MARLI VANKUNG
Malsawmtluangi, D/o. V. Z. Kapmawia – Appellant
Versus
State of Mizoram, Rep. by the Secretary to the Govt. of Mizoram, Excise and Narcotics Department, Govt. of Mizoram – Respondent
| Table of Content |
|---|
| 1. context and procedural background of the case. (Para 1 , 2 , 3 , 4 , 5) |
| 2. details of the prosecution's evidence. (Para 6 , 7 , 8) |
| 3. witness testimony regarding the seizure process. (Para 9 , 10 , 11 , 12 , 13) |
| 4. investigation findings and subsequent proceedings. (Para 14 , 15 , 16) |
| 5. arguments presented by the appellant's counsel. (Para 17 , 18 , 19 , 20 , 21 , 22 , 23) |
| 6. counterarguments from the prosecution. (Para 24 , 25 , 26 , 27 , 28) |
| 7. court's observations on evidence and procedure. (Para 30 , 31 , 32 , 33 , 34) |
| 8. final ruling and decision on the appeals. (Para 41 , 42) |
| 9. absence of direct evidence against the appellant necessitates acquittal. (Para 43 , 44) |
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 Ses
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.
The prosecution must comply with procedures outlined in the NDPS Act; failure to do so results in the benefit of doubt for the accused.
The standard of proof for possession under the NDPS Act requires both physical control and knowledge of the substance, which was upheld despite procedural lapses.
The judgment reinforces the principle that in drug possession cases, once possession is established, the burden shifts to the accused to prove lack of conscious possession, as supported by Sections 3....
The judgment emphasizes the importance of compliance with statutory provisions, the veracity of evidence, and the benefit of doubt in criminal cases.
Point of Law : Burden is always upon prosecution to prove the case against the person accused with proof beyond reasonable doubt.
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