The court upheld the conviction for drug possession, affirming that the prosecution's burden of establishing conscious possession was met by the accused's own admissions despite procedural lapses.

JUDGMENT :

SANJEEV KUMAR SHARMA, J.

This Criminal Appeal is directed against the Judgment & Order dated 14.09.2022 and Sentence Order dated 15.09.2022 passed by the learned Judge, Special Court, ND&PS Act, Aizawl, Mizoram in S.R. No. 56 of 2018 arising out of Excise & Narcotics Case No. N-172 of 2017 under Section 22 (b)/22(c) of ND&PS Act, 1985 (hereinafter referred to as the ND&PS Act), whereby the accused/appellant was convicted and sentenced under section 22(b) of the ND&PS Act, to undergo 10 (ten) months rigorous imprisonment with a fine of Rs. 3000/-, in default, for another period of one month rigorous imprisonment and further sentenced under Section 22 (c) of ND&PS Act, to undergo 10 (ten) years rigorous imprisonment with a fine of Rs. 1 lakh, in default for another period of one year rigorous imprisonment.

2. The prosecution story is that a team of officials from the Excise Department, Mizoram, who were on duty at Hunthar Veng, Aizawl, upon noticing the accused/appellant standing on the roadside alongwith his Scooty, upon suspicion, conducted a search of the said Scooty in the presence of witnesses and recovered a large number of tablets and bottles consisting of (i) 16 bottles of Kuffcare-T containing codeine phosphate, (ii) 5 bottles of Cocas 500 grams of codeine phosphate, (iii) 205 tablets of Aprasil 26.2 grams of Alprazolam and (iv) 200 capsules of Tramadol (Fortaspas) upon search of the bag (rucksack) being carried on the scooter of the accused/appellant.

3. Accordingly, seizure list was prepared and the seized articles were produced before the Magistrate, alongwith application for certification as per Section 52 -A of the ND&PS Act, 1985. Inventory of the seized articles was also prepared and after further steps in the investigation such as chemical examination of the samples of the seized articles and recording the statement of the witnesses, the Investigating Officer (I.O) submitted the charge-sheet under Section 22 (b)/22(c) of the ND&PS Act, against the accused/appellant person.

4. The learned Trial Court after taking cognizance of the offences framed charge under Section 22 (b)/22(c) of the ND&PS Act for violation of the provisions of Section 8 -C of the ND&PS Act against the accused/appellant to which he pleaded not guilty and claimed to be tried.

5. In course of the Trial, the prosecution examined four witnesses whereafter, the statement of the accused/appellant was recorded under Section 313 Cr.PC and subsequently, the defence adduced the evidence of two witnesses including that of the accused/appellant.

6. Upon consideration of the materials on record, the learned Trial Court convicted and sentenced the accused/appellant as aforesaid. Hence, this appeal. 7. I have heard Mr. Jonathan Lalrintluanga, learned counsel for the appellant and Mrs. Mary L. Khiangte, learned Addl. Public Prosecutor for the State respondent.

8. At this stage, it would be apposite to peruse the evidence on record.

9. PW-3 i.e. Sh. R. Lalrinsanga, Sub-Inspector, Excise and Narcotics, ANS, deposed that on 12.10.2017 at around 1:30 p.m., while performing duty on the road of Hunthar Veng, near Company Peng, the Excise Department Team apprehended the accused/appellant alongwith his Scooty on suspicion of possessing contraband drugs. After arranging civilian witnesses, they conducted search upon the said Scooty and recovered 16 bottles of Kuffcare-T and 5 bottles of Cocas containing codeine phosphate and also 205 tablets of Aprasil and 200 capsules of Tramadol. He seized the said contraband drugs and also arrested the accused/appellant and submitted his report of seizure and arrest to the Officer-in-Charge (O.C), ANS. He further deposed that the case I.O i.e., Smt. Zorammuani had already expired but having worked together for more than 10 years, PW-3 was well acquainted with her signature and accordingly, identified the same in the various documents that he exhibited including the seizure list, arrest memo, report of seizure and arrest, co