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HC reduces imprisonment from 15 to 10 yrs in NDPS Act
8/25/2015 11:44:28 PM
Early Times Report

jammu, Aug 25: A high court division bench of Justice Hasnain Masoodi and Justice Janak Raj Kotwal, in an appeal filed against the conviction recorded by trial court in NDPS Act, after perusal of the record, nonetheless, feel persuaded to reduce sentence imposed by the trial court, particularly having regard to the young age of the appellant and in order to brighten the scope of reformation in his approach towards choosing source of livelihood in life.
Offence punishable under section 8 read with 21 (c) of the Act is punishable with imprisonment which cannot be less than ten years and may extend to twenty years. In addition a convict shall be liable to fine which shall not be less than one lac rupees. In our well considered view imposing the minimum prescribed sentence on the appellant will meet the ends of justice in this case, the bench observed.
With these observations, the bench reduced the sentence of imprisonment imposed by the trial court from 15 to 10 years and the fine from Rs 2 lakh to Rs 1 lakh. We also direct that in default of payment of fine, the appellant shall undergo further imprisonment for a term of one year, the bench said.
According to the police case SHO Police Station, Kathua, was on patrolling along with others police officials in Shastri Nagar area. During patrolling at about 10 pm, one person, who was proceeding from Hatli More towards Kathua was checked. During checking, he was found carrying white plastic bag which contained Parvan Spas capsules, which were in 39 black plastic envelopes containing 195 capsules each and the total number of capsules were 7605. He disclosed his name as Amit Sharma alias Vicky S/o Vinod Sharma alias Shinder Paul R/o Ward no.14, Kathua. On the basis of the said report, FIR No.148/2010 was registered for offences punishable under section 8/21/22 NDPS Act. After completion of investigation challan was presented. (JNF)
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