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2023 Supreme(Gau) 1495

MARLI VANKUNG
Hrangkapthanga S/o Chhuanmawia – Appellant
Versus
State of Mizoram – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr Lalremtluanga
For the Respondent: Mrs. Linda L Fambawl (PP/Addl.PP, Mizoram) for R1-R2

JUDGMENT :

Heard Mr.Lalremtluanga, learned counsel for the appellant and Mrs Linda L. Fambawl, learned Addl. Public Prosecutor for the state respondent.

[2.] The instant appeal is filed under Section 36B, ND&PS Act r/w Section 374(2) Cr.P.C to set aside and quashed the impugned Judgment & Order dated 03.12.2019 passed by the learned Judge, Special Court, ND & PS, Champhai and the impugned Conviction dated 04.12.2019 arising out of Criminal Trial No. 1839/2018 (D) under Section 22 (c) & 25 ND&PS Act r/w Section 14 of the Foreigners Act, 1946, wherein the appellant was convicted under sections 8/22 (c) ND& PS Act,1985 and sentenced to undergo Rigorous Imprisonment for a period of 10 years and pay a fine of Rs. 1 lakh, i.d. Rigorous Imprisonment for a period of another 1 (one) month.

[3.] The prosecution story of the case in brief is that on Dt. 28.09.2018, Mr. H.Lalengzama, SI of Police submitted a written First Information Report (FIR in short) to the Officer-in-Charge, Champhai Police Station to the effect that one vehicle Bolero Camper bearing No. MZ-01-N-4940 was being detained at Dungtlang on ground of strong suspicion of carrying contraband substances. In pursuant to the informati

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