Eleven Year RI to two Narco Smugglers


Jammu, Jul 28: Principal Sessions Judge Samba Sonia Gupta today awarded eleven years rigorous imprisonment and fine Rs 1 lac to two Narco Smugglers namely Junaid Ahmed Najar and Ishfaq Ahmed Lone.
According to the police case a police party from Police Station Samba, headed by ASI Mohan Lal laid a naka at Mansar Morh Samba, on 12.04.2017 at 1436 hours and checked vehicles coming from Srinagar. At about 1730 hours, truck no. JK22-6863 came from Mansar side, which was stopped and checked. During search, one white plastic bag, containing polythene bags containing cannabis balls of different size, was recovered from a seat in the cabin of the vehicle. The occupants of the vehicle disclosed their names as Junaid Ahmed Najar S/O Gulam Mohd Najar R/O Thairen Shopian, as driver and Ishfaq Ahmed Lone S/O Nazir Ahmed Lone R/O Heerpora Shopian, as conductor. ASI Mohal Lal sent a docket through SGCt. Reham Din for lodging of case at the Police Station for the commission of offences punishable U/Ss 8/20 NDPS Act. On receipt of this report, a case was registered at Police Station Samba, vide FIR No. 76/2017, for the commission of offences punishable U/Ss 8/20 NDPS Act and SHO himself took up investigation of the case. During investigation, the recovered cannabis was found in 215 balls which, on being weighed, came out as 28 kilograms, out of which 200 grams of cannabis was taken out as sample from all balls and was sealed and after completion of investigation challan was presented.
Principal Sessions Judge Samba Sonia Gupta after hearing Public Prosecutor Jawaid Ahmed Khawaja whereas Adv Ganesh Sharma appearing for the accused persons observed that the crime committed by the accused is very serious. Narcotic menace is spreading its tentacles throughout the Country and is eating vitals of the society and posing a grave threat to the youth of the country, who are pillars of the Country. Sentence has to be proportionate to the gravity of the crime committed. There is a little scope for exercise of discretion in deciding the quantum of punishment. The courts have to adhere to the principles of law governing the award of sentence, the legislative intent behind NDPS Act and also the impact of awarding sentence. A balance has to be struck between aggravating and mitigating circumstances before awarding the punishment to an accused. So far as, NDPS Act is concerned, it is a very stringent legislation and the purpose behind the Act is to thwart the narcotic trafficking activity. Narcotics, drugs and crime undermine development by eroding social and human capital. This degrades quality of life. So, keeping in view the facts and circumstances of the case and the discussion made above, the accused are not entitled to any lenient view, but in the facts of the case, each of the accused namely, Junaid Ahmed Najar and Ishfaq Ahmed Lone are sentenced to undergo rigorous imprisonment of eleven (11) years each and to pay a fine of Rs. 1.00 lac (rupees one lac only) each, for offence u/s 8 (c), punishable u/s 20 (b) (ii) (C) of the NDPS Act. In case of default in payment of fine, each of accused shall undergo a further rigorous imprisonment for a period of one year. JNF

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