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| Charas smuggler awarded 10 yrs RI, Rs 1 lakh fine | | | early times report
Jammu, Sept 13 (JNF): Principal Sessions Judge Udhampur AK Koul today awarded ten years rigorous imprisonment and fine Rs 1 lakh to Farooq Ahmed s/o Khurshid AhmedR/o Khandel Dalwas, Ramban from whom possession 1 KG 300 gram charas was recovered.
According to the police case, on September 9, 2012 a source information was received in Police post Roun Domail at about 1410 hours, that accused is on his way to Ramnagar with a consignment of charas. The information so received was recorded and passed on to police station Udhampur for registration of case under section 8/20 NDPS Act. In the meantime in charge police post requested a Magistrate telephonically to reach on spot and incharge police post alongwith Constables Surjeet Singh and Ashok Kumar rushed to the identified place where through the accused was about to pass. As the police party reached on spot they found the accused with a bag in his possession moving towards Ramnagar. On seeing the police party he tried to run away, but was apprehended by the police party. He was informed that his search was required to be conducted and accused opted to be searched in presence of a Magistrate. His bag was accordingly searched in presence of a magistrate and 41 pieces of charas in the form of maize cobs wrapped in maize cob skin were recovered from the bag in possession of accused. The entire consignment recovered from the bag was found to be 1 kg 400 gms in weight and the pure charas content was found to be 1 kg 300 gms. After completion of investigation challan was presented in the Court.
The court after hearing PP Navneet Gupta appearing for the state whereas Adv Dinkar Gupta appearing for the accused person, observed that the conclusion that emerges is that the accused has been connected with guilt beyond all shadows of doubt. He has been proved to be in possession of commercial quantity of charas. So accused is convicted under section 8/20 (c) of N D P S Act. Drug menace is spreading its tentacles through the length and breadth of the country and is posing a great threat to the economy of the nation apart from effecting the health and future of our youth. It is the cardinal rule of process of sentencing that it has to be commensurate to the crime committed. Court further observed that . A balance has to be struck between aggravating and mitigating circumstances before awarding the punishment to an accused. So far as, N D P S Act, it is a very stringent legislation and the purpose behind the Act is to thwart the drug trafficking activity. The accused in this case is in the prime of his youth but then the crime committed by him is also grave and so balancing the aggravating end mitigating circumstances, the accused while being convicted under sections 8/20(C) of N D P S Act, he is sentenced to rigorous imprisonment for ten years and to a fine of Rs.1 Lac (One Lac). In default of payment of fine, he shall under go a further rigorous imprisonment for one year. |
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