Court awards 10 years RI; Rs 1 lakh fine each to two accused under NDPS Act

STATE TIMES NEWS

JAMMU: Giving a strong blow to menace of trade of Narcotic drugs and psychotropic substances in the society, and to give a deterrent message to perpetrators of drug mafia, the Addl Session’s Judge Jammu, Tahir Khurshid Raina on Tuesday awarded ten years rigorous imprisonment and fine of Rs 1,00,000 each to two accused, who got convicted by the Addl Sessions court Jammu, for commission of offences under Section 8/21 of NDPS Act. Accused Sanjeev Kumar of Pathankot and Dilawar Hassan of Rehari Jammu were nabbed by a Naka party at Greater Kailash Chowk while they were carrying hundreds of bottles of corex in their vehicles viz a truck and a car on June 14, 2017 at 10 AM. Both the vehicles were stopped and during search a number of number of Corex bottles were recovered from both the vehicles . A docket was sent to police station Gangyal for registration of an FIR, which was registered vide number 43/2017 under Sections 8, 21 & 22 of NDPS Act.
After Investigation by then SHO Gangyal Anayat Ali, under Supervision of SDPO Gandhi Nagar Rafiq Manhas, both accused were charge-sheeted for commission of offences under NDPS ACT. Court also framed charges against the accused under Sections 8, 21 & 22 of NDPS Act and directed prosecution to lead evidence. All the cited witnesses got examined before the court. It got substantialy proved in the court that physical and conscious possession of the accused around 390 bottles of Corex, were recovered, packed in two different sacks in both vehicles. While 200 bottles were recovered from Sanjev Kumar, 190 bottles were recovered from Dilawar Hassan. FSL opined presence of Codiene Phisphate, a Narcotic analgesics in Corex bottles. Every bottle was 100 ml and when quantified for purposes of categorising them into small, intermediate or commercial, both recovered sacks of bottles were collectively as well as separately found to be of commercial category as per schedule attached with the NDPS Act and in light of the recent judgement of SC, where by the entire content has to be considered for quantifying the contraband present and not exact percentage or weight of the contraband itself in the whole content .
According to the judgment copy, the punishment prescribed for commission of such offences for carrying commercial quantity of contraband Codiene is ten years minimum imprisonment which may extend upto twenty years with a fine which is one lakh minimum and may extend to two lakh. However, the court, after taking into consideration mitigating circumstances of the convicts awarded minimum sentence prescribed in the Act i.e., ten years rigorous imprisonment and rupees one lakh fine. In case, fine amount not will not be paid by the convict, they will further undergo imprisonment for six months.
While convicting accused, court observed that when all major aspects of the investigation are proved, accused have to be convicted for offences they have committed. Court observed that it is substantial compliance of procedure prescribed in the NDPS Act that matters and not hyper technical compliance of the same which can lead to failure of the purpose, for which this Act got enacted by the legislators and perpetrators of the crime will get embolden which will simply add to the spread of the menace.
While awarding sentence, court observed, “menace of drug trafficking has assumed an alarming proportion in the society and some time it looks that law has not proved enough to contain this crime and criminals. Fact remains that this crime has multi tentacles which spreaded around and eating the very vitals of the society and the nation. Therefore, more than a lip service and ritualistic sermons, concerted and committed efforts are required by all stake holders of the society in curbing this crime to the hilt.”
Court further observed that we should not forget that in the murder case, the accused commits the murder of one or two persons. While those who are in involved in drugs menace, are causing deaths of number of persons in the society and ruining the vitals of the society and the nation. Further observed that, what’s expected from the criminal court is to award appropriate sentence to the accused in the backdrop of facts and circumstances of the case, crime and the convict and its overall impact on the society.
With these observations court announced sentence to accused, who appeared in the proceedings through virtual mode, while their counsels were present in the court to represent them during proceedings.