Early Times Report
Jammu, Oct 13: Principal Sessions Judge Ramban, Ajay Kumar Gupta, has convicted four persons in three separate cases under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, awarding sentences equivalent to the periods of imprisonment already undergone by them and imposing fines totalling Rs 40,000.
The judgments,, followed voluntary pleas of guilt by the accused during the pendency of their respective trials. The court considered the prolonged proceedings, quantities of contraband recovered, absence of established previous criminal antecedents and the principle of proportional sentencing while determining the punishment.
In the first case, the court convicted Rahul Singh, son of Singh Dayal, a resident of Bari Brahmana in Samba district, under Sections 8/20 of the NDPS Act in connection with FIR No. 85/2019 registered at Police Station Banihal.
According to the prosecution, 240 grams of charas had been recovered from the accused. The charge-sheet was filed on August 20, 2019, and formal charges were framed on September 21, 2019.
After recording his voluntary confession, the court sentenced Rahul Singh to rigorous imprisonment for three months and 10 days along with a fine of Rs 20,000.
Since the convict had already undergone the prescribed imprisonment during the trial, the court granted him the benefit of Section 428 CrPC and adjusted the period of detention against the sentence. Advocate Asif Hamid Itoo represented the accused.
In another case, the court convicted Gagandeep Singh, son of Mohinder Singh, a resident of Budhlada in Punjab's Mansa district, under Sections 8/15 of the NDPS Act.
The case arose from the recovery of two kilograms of poppy straw (bhukki) by Police Station Ramsoo. The charge-sheet was filed on December 20, 2023, while charges were framed on April 30, 2024.
Taking into consideration his voluntary admission of guilt, the court awarded rigorous imprisonment for 38 days and imposed a fine of Rs 8,000. As the convict had already spent 38 days in custody, the imprisonment was set off against the sentence. Advocate Harish Vijay appeared on behalf of the accused.
In the third case, the court convicted Bashir Ahmed, son of Wali Mohammad Bhat, a resident of Magam, Kokernag, and Ghulam Nabi, son of Mohammad Ramzan, a resident of Hillter Shah Abad, Anantnag, under Sections 8/20/29 of the NDPS Act.
The prosecution case concerned the recovery of 140 grams of charas. The charge-sheet was filed on February 29, 2020, and charges were framed on April 8, 2021.
Both accused voluntarily pleaded guilty during the trial. The court sentenced each convict to rigorous imprisonment for 18 days and imposed a fine of Rs 6,000 each.
Since both had already undergone 18 days of imprisonment, the court adjusted the detention period against their sentences under Section 428 CrPC. Advocate Sarfaraz Nawaz represented both accused.
While delivering the judgments, Principal Sessions Judge Ajay Kumar Gupta observed that the confessions had been made voluntarily after the accused were informed of their legal consequences.
Referring to Supreme Court precedents, the court held that a voluntary and informed plea of guilt could form the basis of conviction. It further observed that the NDPS Act does not prescribe a mandatory minimum sentence for offences involving intermediate quantities, unlike cases involving commercial quantities.
The court also considered prolonged trials and the absence of established previous convictions as mitigating circumstances while determining proportionate punishment.
All four convicts deposited their respective fines, amounting to Rs 40,000.
The court further directed Rahul Singh to furnish a bond of Rs 1 lakh under Section 34 of the NDPS Act for not repeating a similar offence for one year. The remaining three convicts were directed to furnish bonds of Rs 1 lakh each for two years.
The court recorded that the required bonds had been furnished and ordered the discharge of the personal and surety bail bonds, disposing of all three cases. |
