Early Times Report
Jammu, Feb 14: Principal Sessions Judge Kulgam Aijaz Ahmed Khan awarded 12 years rigorous imprisonment and fine Rs 1 lacs each to Mohammad Aslam War, Mehraj-ud-din Wani, Waqar Ahmad Dar and Bilal Ahmad Hanji facing trial in NDPS Act.
Principal Sessions Judge Kulgam Aijaz Ahmed Khan after hearing both the sides observed tat while awarding sentence, court is required to considering aggravating and mitigating circumstances. The aggravating circumstances which are required to be considered at this stage are the quantity of substance recovered and also circumstances under which the convicts were found to carry said contraband. As observed above, the convicts were found to carry Psychotropic Substance of 46 bottles which admittedly falls within much more than the commercial quantity and as established by the prosecution the convicts were carrying said contraband in a vehicle. The convicts are residing in different areas and could not show the reason as to how they were travelling in the said vehicle when contraband was recovered from their possession. Besides these bottles convicts were also found carrying 130 grams of Charas. While considering submissions on behalf of convicts on aggravating and mitigating circumstances and requested to take lenient view and not to impose punishment higher than minimum sentence provided under the Act it is to be borne in mind that Narcotic Drugs cases have deleterious effect and deadly impact on the society in view of which interest of society is also to be taken into consideration. Therefore, while striking balance between aggravating and mitigating circumstances and considering quantity of Narcotic drug and Psychotropic substance recovered, background of the convicts who have no earlier criminal record besides being poor, I am inclined not to grant higher punishment as required under NDPS Act. Therefore, in the interest of Justice and having regards to what has been stated hereinabove, besides considering all the facts and circumstances of the case, the convicts namely (1)Mohammad Aslam War S/O Gh. Hassan War R/O: Arwani Bijbehara, (2) Mehraj-ud-din Wani S/O Gh. Mohammad Wani R/O: Nowpora Kharpora,(3)Waqar Ahmad Dar S/O Mohammad Yaseen Dar R/O: Padshahi Bagh Srinagar and (4) Bilal Ahmad Hanji S/O Mohammad Maqbool R/O: Kharpora are sentenced to rigorous imprisonment of Five years each with fine of Rs.20,000/- each for offence under section 8/20 (B)(ii)(B), in default convicts shall bear rigorous imprisonment of one year and for offence under section 8/22(c), all convicts mentioned above are sentenced to rigorous imprisonment of Twelve years each with fine of Rs.1,00,000/- each, in default convicts shall bear rigorous imprisonment of Two years each. Both the sentences shall run concurrently. (JNF) |
