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news details
Man sentenced five years jail in NDPS case
12/26/2018 8:47:09 PM
Early Times Report

Udhampur, Dec 26: Principal District & Session Judge Udhampur Sanjay Parihar today convicted an accused in Narcotics Drugs and Psychotropic Substances (NDPS) Act case with rigorous imprisonment of five years and fine of Rs 50,000 and further in default of fine the accused will undergo 06 months imprisonment.
According to the case, on March 3 in the year 2014, a team from Police Station Udhampur during naka duty at Jakhani Chowk intercepted a person, who was moving under suspicious circumstances. During frisking, police recovered a green colour bag containing 22 challies of charas (charas sticks wrapped in maize husk) from the possession of the person and arrested him.
The accused person disclosed his identity as Ravi Kumar, son of Bansi Lal Sharma of Dabriha Krimichi Mansar Tehsil &District Udhampur. A case under FIR Number 102 /2014 under Section 8/20 NDPS Act was registered at Police Station Udhampur against the accused.
During the trial, the Court of Principal Session Judge Udhampur has found sufficient evidences connecting the accused with crime. Thus prosecution has able to prove the case by clear and sufficient evidences , Given the volume of oral and documentary evidence against the accused, prosecution has been able to discharge the onus of laying presumption of culpability of commission of offence by accused as per Sec. 54 of the NDPS Act. As possession has been established, it is for accused to dispel this presumption, to which he has miserably failed.
Accused has been proved to have been found of conscious possession of 800 gms of charas, which presence is prohibited under Section 8 of the Act and consequently punishable with imprisonment as provided under section 20 of the Act.
Judgment said that there is nothing on the record of the file to suggest that accused is habitual of commission of such acts rather is proved to be first offender. He is stated to be the only bread earner of the family. Once a crime is committed, the offender is to be sentenced which is commensurate to the nature of the crime committed by him. It is also true that more and more young people are being influenced to go for drug addiction which is destroying the very social fabrics of social strata. Therefore, awarding of sentence is not only with a view to deter from other for committing such acts but also the offender must realize that he has committed an offence so that he is able to reform himself. The accused is therefore sentenced to undergo rigorous imprisonment of five years with fine of Rs. 50,000/-, in default of fine shall undergo further imprisonment of 06 months, besides period of detention undergone at the stage of investigation or trial shall be set of against the total period of sentence.
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