JUDGMENT :

Heard Ms. Lalngaihsaki Fanai, learned Amicus Curiae appearing for the appellant along with Mrs.Linda L. Fambawl, learned Addl. Public Prosecutor for the state respondent.

2. This is a jail appeal against the Judgment & Order dated 24.06.2018 passed by the learned Judge, ND & PS Act in Crl. Trial No. 1303/2018 reference Champhai Excise Case No. 150/2018/CPI under Section 21(c) ND & PS Act wherein the appellant was convicted under section 21(C) ND7PS Act and sentenced to undergo Rigorous imprisonment for a period of 10(ten) years and pay a fine of RS.10,000/- in default S.I for another 3( three) months.

3. Brief facts of the case is that an FIR was submitted on 24.06.2018 to the effect that Tuantuahkimi aged, 56 yrs, (2) Mangzakima, aged 19 yrs (instant petitioner) was arrested in connection with the seizure of 307 grams of heroin on 23.06.2018 at 9:30 P.M at New Champhai. Accordingly, the case was registered as Excise Case No.150/18/CPI under section 21(c) of ND & PS Act and duly investigated into. The S.A was seized from under the seat of the auto rickshaw and during the investigation, the driver of the auto-rickshaw was also made an accused in the case.

4. During investiga