The prosecution failed to establish that the respondent had constructive possession over the seized arms, leading to the appeal's dismissal due to lack of evidence for conviction.

JUDGMENT :

ROBIN PHUKAN, J.

1. Heard Mr. C. Zoramchhana, learned Special Public Prosecutor for the appellant, National Investigation Agency and Mr. B. Lalramenga, learned counsel for the respondent.

2. In this appeal, under Section 21 (1) of the National Investigation Agency Act, 2008 (“NIA Act” for short), the appellant has put to challenge the correctness or otherwise of the judgment and order dated 25.10.2018, passed by the learned Special Judge, NIA, Mizoram, Aizawl, in Crl. Trial No. 476 of 2013 (arising out of SC No. 97 of 2013, in Spl. NIA Case No. 1 of 2016).

3. It is to be noted here that vide impugned judgment and order dated 25.10.2018, the learned trial Court had acquitted the respondent, namely, Shri Rohmingliana @ Hmingte @ Hminga, of the charges under Sections 23 (2) of the Unlawful Activities (Prevention) Act, 1967 and under Section 25(1AA) of the ARMS ACT , 1959.

4. The background facts, leading to filing of the present appeal, are adumbrated herein-below:

“On 09.03.2013, Sub-Inspector Lalsanga of Special Narcotics P.S., Aizawl, Mizoram had lodged one FIR with the Officer-in-Charge, Sairang Police Station, to the effect that acting on a tip off, that was received from the Surveillance Department of 26th Assam Rifles, a joint operation was launched by a team, led by 26th Assam Rifles and Special Narcotics P.S. CID Crime, Aizawl on 07.03.2013, at about 5 p.m. and from the farmhouse, belonging to Pu Rohmingliana, the respondent herein this case, situated at a distance of four kilometers from Lengpui Airport, four Bangladeshi nationals, three Chakma people, namely, (i) Moni Tripuri of Chittagong Hills Tract, Bangladesh, (ii) Robi Chakma of Chittagong Hills Tract, Bangladesh, (iii) Sabuj Chakma of Chittagong Hills Tract, Bangladesh and one Mizo namely, (iv) C. Lalnghakthanga of Sazep, Bangladesh were arrested and 31 numbers of AK47 rifle, LMG 1 No. and Browning Automatic Rifle 1 No. and ammunitions - (i) AK47 (7.62 mm)-86 live rounds, (ii) LMG (5.56 mm)-24 live rounds and, (iv) BAR rifle (7.62 mm)-699 live rounds were recovered and seized, and the arrested persons belong to Parbatya Chattagram Jana Samhati Samiti (PCJSS), a faction of Shanti Bahini Organization formed for upliftment of Chakma people in Bangladesh. Thereafter, the area was kept under surveillance of 26th Assam Rifles throughout the night and having seen suspicious movement, another joint operation was launched by 26th Assam Rifles in conjunction with Special Narcotics P.S. on 08.03.2013, at about 8 am and the operation team made further recovery of arms and ammunitions. And later on, the owner of the farmhouse, the respondent herein was arrested on 09.03.2013, at about 1:30 am from his house at Vaivakawn, Aizawl.

On receipt of the aforesaid FIR, the Officer In-Charge, Sairang P.S. had registered a case being Sirang P.S. Case No. 8/2013, on 09.03.2013, under Section 25(1AA) of the ARMS ACT , read with Section 34 IPC, read with Section 14 FOREIGNERS ACT and endorsed SI Liansangzela to investigate the case. While investigation was being carried out by SI Lalsanga, the Government of India, Ministry of Home Affairs, Internal Security-I Division, vide letter dated 03.06.2013, by exercising the power under Section 6 (5), read with Section 8 of the National Investigation Agency Act, 2008, transferred the case to the National Investigation Agency (“NIA” for short) for investigation. Thereafter, the NIA had registered a case, being RC-02/2013/NIA-GUW and carried out the investigation and after completion of investigation, laid final report/charge-sheet, being charge-sheet No. 01/2016, dated 14.03.2016, against accused Moni Tripuri, Sabuj Chakma, Robi Chakma, C. Lalnghakthanga @ Nghaka and the respondent Rohmingliana