GAHC030003232025

THE GAUHATI HIGH COURT

(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : Crl.A./14/2025 Sh. James Thanglianmanga

S/o Zakamlova (L), R/o Sela, Champhai District, Champhai, Mizoram

VERSUS

Sate of Mizoram and Anr.

Aizawl

2:SI Lalrinnung

Advocate for the Petitioner : Mr. Lalpianfela Chawngthu

Advocate for the Respondent : Ms. Vanneihsiami, Addl. P.P., Mizoram.

:::BEFORE:::

HON’BLE MR. JUSTICE SANJEEV KUMAR SHARMA

Date on which judgment is reserved : 14.10.2025.

Date of pronouncement of judgment : 03.12.2025

Whether the pronouncement is of the : No.

operative part of the judgment ?

Whether the full judgment has been : Yes

pronounced?

JUDGMENT & ORDER (CAV)

1. This Criminal Appeal is directed against the Judgment & Order dated 29.04.2025 along with the Sentence Order dated 30.04.2025 passed by the learned Court of Judge, Special Court (ND&PS Act, 1985) Aizawl, Mizoram in connection with Excise Case: N-63/2017 dated 22.03.2017 under Section 20(b) (ii)(C) of ND&PS Act, 1985, by which the appellant was convicted and sentenced to undergo rigorous imprisonment for a period of 10 (ten) years and also with a fine of Rs.1,00,000/- (Rupees one lakh), in default, rigorous imprisonment for another 10 (ten) months.

2. The prosecution case in brief is that prior information was received on 20.03.2017 regarding one male person from Selam coming to Aizawl with some quantity of Ganja intending to sell it in the area of Rangvamual, Aizawl; it was reduced into writing. Then on 21.03.2017 at 11:13 p.m, SI C. Lalbiaktluanga and party intercepted one Taxi bearing Registration No. MZ-01/L-1562 boarded by the accused James Thanglianmanga at Vaivakawn Zohnuai, Aizawl, and the said Taxi was searched and dry leaves with flowering tops suspected to be Ganja packed in 23 polythene kept inside two bags were recovered; all were seized, weighted as 21.98 grams, re-packed and sealed in presence of civilian witnesses and the Taxi driver, and the accused was arrested. Upon submission of seizure and arrest report, the instant case was registered against the accused person under Section 20(b)(i)(C) of ND&PS Act, 1985 (the Act hereinafter) for violation of Section 8(c) of the Act.

3. Accordingly, 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)(ii)(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)(ii)(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 the defence did not adduce evidence.

6. Upon consideration of the materials on record, the learned Trial Court convicted and sentenced the accused/appellant as aforesaid.

7. I have heard Mr. Lalpianfela Chawngthu, learned counsel for the appellant and Ms. Vanneihsiami, learned Addl. Public Prosecutor for the State respondent.

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

9. In order to establish the charge against the accused, the seizing officer (PW No.4) deposed that after he reduced the information into writing which he exhibited as Ext. P-2, he along with his party went to Rangvamual to pursue the report and on 21.03.2017 before noon they detected the suspected person at Vaivakawn Zohnuai, Rangvamual Road with his hired Taxi bearing Registration No. MZ-01-L-1562 and it was halted and they detained its passenger and arranged c