The prosecution must prove beyond reasonable doubt that the accused had exclusive possession of contraband; procedural irregularities can undermine the case.

JUDGMENT & ORDER :

RAJESH MAZUMDAR, J.

Heard Mr. S. Vanlalhriata, learned counsel appearing for the appellant. Also heard Mrs. Mary L. Khiangte, learned Addl. Public Prosecutor for the State Respondents.

Brief facts:-

2. On 11.08.2020, Mr. Lalpianpuia, Assistant Sub Inspector of Mamit Police Station lodged a First Information Report (FIR) with the Officer-in- Charge, Kolasib Police Station regarding the seizure of contraband drugs and apprehension of a suspect dealing in the said drugs. The informant had stated that on 10.08.2020, he had received information that one maxi cab sumo having a service route between Aizawl-Kolasib was carrying contraband substances and was proceeding towards Mamit. Having put the information in writing, he informed the matter to his superior Officer i.e. the Officer-In-Charge of Mamit Police Station, who in turn issued an authorization letter as per Section-41(2) of ND&PS Act for further necessary action as per law.

3. The FIR further stated that acting upon the information and the authorization, the informant and his team proceeded towards Mamit junction where the said maxi cab was supposed to arrive. At around 08:30 PM, the suspected maxi cab sumo arrived at the junction and was stopped. The maxi cab sumo was taken to Mamit Police Station and in presence of senior police officers, like Additional Superintendent of Police, Sub-Divisional Police Officer and the Officer-In-Charge, the maxi cab sumo was inspected. However, as the owner of the suspected contraband substances was not found in the sumo, the vehicle was released. Thereafter, the maxi cab sumo was secretly followed by the police team when it proceeded to Kolasib. The sumo reached Kolasib the following day around 03:30 AM. The Police team stealthily pursued the sumo from behind until it reached HB counter office, Venglai, Kolasib where the driver dropped/delivered the suspected carton box/parcel strongly suspected to contain contraband substances. At around 09:30 AM in the morning, the police team came back to the counter and while they were in the counter office, the accused came to the HB counter and took delivery of the parcel/carton box suspected to contain contraband substances. She was intercepted and detained in the counter office by the police team. The Police team informed the matter to Kolasib Police Station. The Officer-In-charge of the Kolasib police station and his team comprising a woman constable arrived soon at the HB counter office. As per the instruction of the officer-in-charge, Kolasib Police Station, the informant opened the suspected parcel/carton box in presence of two civilian witnesses and the accused. The police found Sunday tea mix, tea plus and 8(eight) soap cases from inside the parcel/carton box. All the soap cases contained substances suspected to be heroin. The substances were seized and weighed on the spot in presence of witnesses. It was 107 grams in weight. The accused Lalthanthuami (47), w/o Lalhmangaiha, resident of Khuangpuilam was arrested and produced in Kolasib police station.

4. On the basis of the FIR aforesaid, Kolasib Police registered Kolasib P.S Case No. 59/2020 dated 11.08.2020 under Section 21 (b) of ND&PS Act, 1985 against the appellant herein.

5. The Investigating officer to whom the case was marked by the Officer-in-Charge of Kolasib Police Station produced the seized substances in the Court along with the accused for the purpose of drawing samples, judicial remand of the accused and for further necessary actions. He drew representative samples in the presence of the learned Chief Judicial Magistrate, Kolasib. He sent the same to the Forensic Science Lab