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| 12 years RI, one lakh fine awarded to 3 accused under NDPS Act | | | Early Times Report
JAMMU, Jan 1: Additional Sessions Court Jammu presided overby Tahir Khurshid Raina gave a strong deterrent message to Narcotic Drugs peddlers by awarding 12 years Rigorous Imprisonment (RI) to all the three accused with a fine of one lakh each for commission of offences under Narcotics and Psychotropic Substances Act.
The three accused persons are namely Aaqib Ahmed Mir of Bijbehara Anantnag, Ghulam Nabi Bhat of Bijbehara Anantnag and Bharat Bhushan of Raipur Bantalab Jammu. All the three accused were arrested by the police naka party on Jammu-Srinagar National High way near Bamyal Morh on the intervening night of 28th-29th August 2016 during the routine checking vehicles at wee hours. Out of their possession 3 kg 500 grams contraband Charas of commercial quantity was recovered which was kept in a cavity in the Maruti vehicle. An FIR No 175 of 2016 got registered at police station Nagrota for commission of offences under section 8/20/29 NDPS ACT and investigation ensued.
In its lengthy judgment, Additional Sessions Court Jammu, Raina observed that when all major incriminating facts like - presence of all the three accused at the place of occurrence, recovery of contraband from their possession, seizure and sealing of contraband on the spot itself, depositing of seized material in the safe custody of police station on the day of recovery and resealing of samples by Executive Magistrate followed by proper depositing of the same in FSL which confirmed it as Charas , stand proved by the prosecution, this court has reached to a fair conclusion that accused have committed the crime.
Discarding the grounds of discrepancies and contradictions in the statement of witnesses as advanced by the defence counsel for putting in clout the prosecution case against accused, Court observed that in its appreciation there is no such serious discrepancy or contradiction projected by the defence which goes to the root of prosecution case.
While awarding sentence to the accused court observed that "scales of justice have to be kept balanced. Neither punishment looks to be a casual exercise done by the court nor does the court look to have acted as persecutor. At the same time court must see that the general public should not lose confidence in the judicial system."
Court observed that menace of illicit traffic in Narcotic Drugs and psychotropic substances has attained alarming proportion and is eating the very vitals of the society and the nation.
Finally taking into account all the factors into consideration, Court awarded 12 years RI to all the three accused persons with a fine of Rs one lakh each. In case of non-payment of fine by the accused, they will further undergo imprisonment for a period of six months. --(JNF ) |
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