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| 15 years RI, Rs 2 lac fine to medical narco smuggler | | | Jammu, July 9: Principal Sessions Judge Kathua Mr. Vinod Chatterji Koul today awards fifteen years rigorous imprisonment and fine Rs 2 lacs to Amit Sharma alias Vicky S/o Sh.Vinod Sharma alias Shinder Paul R/o Ward No.14, Kathua who was facing trial in FIR NO 148/2010 was registered for offences punishable under section 8/21/22 NDPS Act for allegedly smuggling of Capsules.
As per the police report, SHO Police Station, Kathua, was on patrolling along with others police officials in Shastri Nagar area. During patrolling at about 10 p.m, one person, who was proceeding from Hatli More towards Kathua was checked. During checking it was found that accused was 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.
The said person 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.
Principal Sessions Judge Kathua Mr. Vinod Chatterji Koul after hearing Public Prosecutor Ravi Gupta for the state whereas Adv A Salathia appearing for the accused person, observed that it needs to be put on record that the crime committed by the accused is very serious.
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. There is a little scope for exercise of discretion in deciding the quantum of punishment.
The courts have to be live to the facts and circumstances of the case, 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, it is a very stringent legislation and the purpose behind the Act is to thwart the drug trafficking activity.
It would not to be out of place to mention that India has become heaven for drug peddlers and so it is high time that the crime is dealt with an iron hand. keeping in view the fact that the accused is first offender, he is the only bread earner in the family and had been facing trial since August, 2010, the accused while being convicted under sections 8/21(c) of the NDPS Act, is sentenced to undergo rigorous imprisonment of fifteen (15) years and to pay a fine of Rs. 2.00 lakhs. (JNF) |
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