The standard of proof for possession under the NDPS Act requires both physical control and knowledge of the substance, which was upheld despite procedural lapses.

Judgment :

Mr. Pranjal Das, J.

1. Heard Mr. Johny L. Tochhawng, learned counsel for the appellant. Also heard Mrs. Vanneihsiami, learned Addl. Public Prosecutor for the State respondent.

2. The appellant has filed this appeal aggrieved by his conviction and sentence under section 22(C) of NDPS Act, 1985 - vide judgment and order dated 16.04.2025 passed by learned Special Judge (NDPS), Champhai Judicial District, in Champhai PS Case No. 44 / 2019 - whereby he has been sentenced to undergo rigorous imprisonment for 11 (eleven) years and to pay a fine of Rs 1 Lakh (in default, undergo simple imprisonment for six months).

The prosecution in brief is that - Liansiampuii, SDPO Champhai lodged an FIR in Champhai PS to the effect that on 1.6.2019 at 3:00pm, information was received from a reliable source that some narcotic substances suspected to be Methamphetamine is kept at the residence of Haukhenkham (25) s/o Thangkhandawng of Vengthar, Champhai. Accordingly, a party comprising Champhai PS staff and CID (SB) Champhai rushed to residence of the above mentioned person. On checking the said house, they recovered 11 bundles, with each bundle containing 50 packets (one packet contains 200 tablets thus 1,10,000 tablets in total) value of Rs. 165 lakhs (approx.) suspected to be Methamphetamine which was concealed inside the lining of skirting of the house. The recovered items were seized from possession of Chingsianding (27) w/o Haukhenkham of Vengthar, Champhai. The seized items were packed and sealed in the presence of two witnesses and total weight of the seized items was 14.228 kgs. The other accused person, head of family Haukhenkham (25) s/o Thangkhandawng of Vengthar Champhai staying at that time, at Aizawl and CID (SB) Aizawl were requested to locate and apprehend him from the spot. The CID (SB) Aizawl reported that he was apprehended at Aizwal on that day itself. The seized articles were brought to Champhai PS after observing legal formalities at the spot. On the basis of the FIR,Champhai PS Case No. 44 of 2019 was registered under Section 22 (C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (herein after NDPS Act, 1985).

3. The case was investigated and after completion of the investigation, the investigating officer submitted charge sheet videCS no. 105 of 2019 dated 29-11-2019 u/s 22 (C) /29 of the NDPS Act. The charge-sheet was filed against four accused persons, including the present convict-appellant namely, Haukhenkhama. The accused Haukhenkhama and all the other accused persons were charge sheeted under Section 22 (C)/29 of the NDPS Act. For accused Shomshul Alom, additional penal provisions were given under section 463/470 IPC r/w section 471/465 .

4. Subsequently, after completion of the usual formalities, charges were framed against all the four charge sheeted accused persons, including the present convict-appellant under Sections 22 (C)/29 of the NDPS Act vide order dated 11-03-2020. Additional charge was framed against accused Shomshul under section 365 IPC . Upon the charges being put to the accused persons, they denied the same and claimed to be tried, whereupon the trial commenced.

5. During the trial, prosecution examined7(seven) witnesses. After the completion of prosecution evidence, the accused persons were examined under Section 313 Cr.P.C. The defence did not adduce any evidence on its part. After completion of trial, accused Nos. 1, 2 and 4,namely, Shomshul Alom, Lalengzuava and Chingsiandingi were acquitted of the charges under section 22 (C) and also 29 of the NDPS Act. The accused Shomshul Alom was, however, convicted under section 465 IPC and sentenced sepa