| NDPS Court awards 12-year RI to truck driver, Rs 1 lakh fine | | |  Early Times Report
Jammu, Feb 10: The Court of Sessions, Special Judge (NDPS Cases), Jammu, has sentenced Krishan Lal, son of Sandokhu Ram, resident of Sheikhupur, Tehsil Arnia, Jammu, to 12 years’ rigorous imprisonment and imposed a fine of Rs 1,00,000, with an additional six months’ RI in default, after holding him guilty in a commercial-quantity narcotics case registered at Police Station Jhajjar Kotli.
The sentencing order was passed by Special Judge Parvaiz Iqbal in the case titled UT of J&K through PS Jhajjar Kotli vs Krishan Lal, arising out of FIR No. 170/2021 under Sections 8, 15 & 25 of the NDPS Act.
The court noted that the accused had already been convicted vide judgment dated February 7, 2026, and the matter was taken up for quantum of sentence on February 10, 2026.
The prosecution case, as recorded in the judgment, is that on October 22, 2021, a police naka was laid at Naka Point, Suketar, for checking vehicles coming from Udhampur towards Jammu. At about 2:00 PM, a truck bearing registration JK02U-2569 was stopped and searched. During checking, four bags were found concealed amid scrap, containing poppy straw-like material.
The investigation further recorded that the four bags were weighed and their cumulative weight was found to be 73 kg and 360 grams.
The court later held that the prosecution proved beyond reasonable doubt that the accused was in conscious possession of 73.360 kg poppy straw, being transported for alleged sale, and that the quantity fell under commercial quantity.
The court also noted that FSL confirmed the seized exhibit as poppy straw and reported presence of morphine.
On the question of sentence, the case was argued for the prosecution by Ms. Bandhana Jamwal, Special Public Prosecutor, assisted by Mr. Ajaz Iqbal Parihar, APP, while Mr. Gagan Oswal appeared for the convict.
The Special PP pressed for a stern punishment, submitting that commercial quantity was involved and sought imposition of a tougher sentence to deter drug trafficking, stating that the menace is severely impacting society, particularly the youth.
The defence counsel, however, sought a lenient view, arguing that the convict was a first-time offender, not part of an organised drug syndicate, and the sole bread earner with responsibilities towards his family; he also pointed to alleged procedural lapses and urged the court to consider minimum punishment.
After considering rival submissions and the overall mitigating circumstances, the court observed that the prosecution could not show material indicating prior involvement or conviction of the accused, and treated him as a first-time offender.
Taking into account factors including family condition and other mitigating circumstances, the court sentenced him to 12 years’ rigorous imprisonment with Rs 1 lakh fine and six months’ RI in default, also granting him set-off under Section 428 CrPC.
The court further directed that the seized contraband be destroyed after expiry of two months (subject to appeal), and noted that the truck JK02U-2569 had been given interim custody to the registered owner under Section 451 CrPC and was released as the police had not alleged the owner’s complicity. (JNF) |
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