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2023 Supreme(Gau) 1457

MICHAEL ZOTHANKHUMA, DEVASHIS BARUAH
Wilson Domeh – Appellant
Versus
State Of Nagaland Nagaland, Kohima – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: A. Zho

JUDGMENT :

Michael Zothankhuma, J.

Heard Mr. A. Zho, learned counsel for the appellant and Mr. K. Angami, learned Public Prosecutor (P.P.), Nagaland.

2. This is an appeal against the Judgment and Order dated 29.08.2022 passed by the Court of the Special Judge, NDPS Act Phek, in Sessions (Special) Case No. 01/21 in GR Case No. 35/2020, Pfutsero, arising out of P.S. Phek Case No. 09/20, by which the appellant has been convicted under Section 20(b) NDPS Act and sentenced to undergo rigorous imprisonment for fifteen years with a fine of Rs.2 lakhs. In default of the fine, he is to undergo rigorous imprisonment for two years.

3. The prosecution case in brief is that on the night of 29.10.2020, around 7:30 P.M., the Assistant Sub-Inspector (PW-1) along with Police Personnel were checking vehicles at Zuketsa road, when they spotted a Maruti Alto 800 bearing Registration No. NL 01P 2429 coming towards them. However, it suddenly turned around and went towards Lekromi Village. On pursuing the car they found it abandoned at Lekromi Village. On checking the car with one Senowelo (PW-2) who had come to the place where the abandoned car had been found, they found twenty (20) plastic packets of ganja

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