Court awards Ten Years RI & fine Rs one to two under NDPS Act

24/02/2021

Jammu, Feb 23: While putting a strong blow on the menace of trade of Narcotic drugs and psychotropic substances in the society, and to give a deterrent message to the perpetrators of drug mafia, the Addl. Session's Judge Jammu, Tahir Khurshid Raina today awarded ten years rigorous imprisonment and fine rupees one lakh each to two accused of this crime who got convicted by the Addl. sessions court Jammu, for commission of offences under sec 8/21 NDPS Act. Accused Sanjeev Kumar of Pathankote and Dilawar Hassan of Rehari Jammu were nabbed by Nakka party at Greater kailash chowk while they were carrying hundreds of bottles of corex in their vehicles, truck and a car on 14.6.2017 at 10 am. Both the vehicles were stopped and during search similar number of Corex bottles were recovered from both the vehicles. A docket was sent to police station Gangyal for registration of an F.I.R. Same got registered bearing number 43/2017 u/sec 8/21/22 NDPS Act Investigation ensue.
After Investigation by then SHO Gangyal Anayat Ali under the Supervision of SDPO Gandhi Nagar Rafiq Manhas, both the accused were charge sheeted for the commission of offences under NDPS ACT. Court also framed charges against the accused u/sec 8/21/22 NDPS Act and directed the prosecution to lead evidence. All the cited witnesses got examined before the court. It got substantialy proved in the court that from the physical and conscious possession of the accused around 390 bottles of Corex were recovered packed in two different sacks in both the vehicles. While 200 bottles were recovered from Sanjev Kumar, 190 bottles from Dilawar hasan. FSL opined presence of CODIENE PHISPHATE, a Narcotic analgesics in the Corex bottles. Every bottle was 100 ml and when quantified for the purposes of categorising them into small, intermediate or commercial, both the recovered sacks of bottles were collectively as well as separately found to be of commercial category as per the schedule attached with the NDPS Act and in the light of the recent judgement of the SC, where by the entire content has to be considered for quantifying the contraband present and not the exact percentage or weight of the contraband itself in the whole content.
According to the judgment copy available with jnfnewsagency that 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, may extend to two lakh. However, the court, after taking into consideration the mitigating circumstances of the convicts awarded minimum sentence prescribed in the Act i.e ten years rigorous imprisonment and one lakh fine. In case fine amount not paid by the convict, they will further undergo imprisonment for six months.
While convicting the accused, court observed that when all major aspects of the investigation are proved, accused have to be convicted for the offences they have committed. Court observed that it is the substantial compliance of the procedure prescribed in the NDPS Act that matters and not the 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 “the 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. Therfore, 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 the 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 the accused who appeared in the proceedings through virtual mode, while their counsels were present in the court to represent the accused in the proceedings.

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