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| DB modifies imprisonment in NDPS case | | |
Early Times Report
JAMMU, Nov 15: A division bench of High Court comprising Chief Justice Pankaj Mithal and Justice Rajnesh Oswal modified the imprisonment in NDPS. The DB after hearing both the sides modified the sentence awarded by Principal Sessions Judge Udhampur to one Manjit Singh in NDPS from 12 years to 10 years.
This significant judgment was passed in an appeal arising out of the judgment and order dated 9-5-2019 and 10-5-2019 passed by the Court of Principal Sessions Judge, Udhampur (hereinafter to be referred as trial Court) by virtue of which the appellant has been convicted for commission of offence punishable under Sections 8 and 15 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act and has been sentenced to undergo rigorous imprisonment for a period of 12 years and ordered to pay a fine of Rs. 1.00 lac and further in default of payment of fine, the appellant has been ordered to undergo further imprisonment for a period of one year.
The DB observed that it has carefully gone through the judgment of the trial court. The trial court has examined and appreciated the evidence led by the prosecution in its right perspective and the appellant has not been able to convince us that the learned trial court has wrongly appreciated the evidence. In light of what has been discussed above, we have not been able take a view other than that of the trial court. As such, the conviction of the appellant is upheld. The DB observed that the appellant must be 44 years of age by now, having family to support and the prosecution has not brought anything on record that the appellant has been earlier involved in commission of such type of offences, so we have no hesitation to hold that this is the first offence of the appellant. |
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