| Driver gets 10-Year RI; SIT to hunt drug network | | NDPS Court directs SSP Jammu to probe IO’s role, trace source, destination of contraband | |  Early Times Report
Jammu, July 16: “Drugs take you to hell, disguised as heaven,” a Special NDPS Court Jammu, Parvaiz Iqbal observed while sentencing a Baramulla-based truck driver to 10 years’ rigorous imprisonment for transporting a massive consignment of 790 kilograms of poppy straw, commonly known as bhukki. Special Judge (NDPS Cases), Jammu, Parvaiz Iqbal also ordered the constitution of a Special Investigation Team headed by a Deputy Superintendent of Police to unearth the source, supplier and intended destination of the contraband.
The court sentenced Syed Tasadaq Hussain, son of Syed Jumma Shah, resident of Bijhama, Tehsil Boniyar, Baramulla, after convicting him under Sections 8 and 15 of the Narcotic Drugs and Psychotropic Substances Act.
The convict was also directed to pay a fine of Rs one lakh, failing which he will undergo an additional six months of rigorous imprisonment. He will be entitled to the benefit of the period already spent in custody.
According to the prosecution, Police Station Bagh-e-Bahu received specific information on October 11, 2019, that truck bearing registration number JK05B-7138, driven by Hussain, was carrying poppy straw from Kashmir towards Jammu.
Acting on the information, a police team led by the investigating officer established a naka near Environmental Park on the Jammu bypass. A local Executive Magistrate was also called to the spot.
When the truck arrived from the Srinagar side, it was intercepted and searched. Though the vehicle appeared to be carrying white stones and clay, a thorough search led to the recovery of 32 sacks of poppy straw concealed beneath the load.
The seized contraband was weighed and found to be 790 kilograms. Samples were drawn from every sack and sealed in the presence of the Magistrate. The Forensic Science Laboratory later detected morphine and confirmed that the recovered substance was poppy straw.
The court held that the prosecution had proved the recovery and conscious possession of the commercial quantity of contraband beyond reasonable doubt.
On the question of sentence, Special Public Prosecutor Sunil Kumar sought severe punishment, submitting that the huge consignment was meant for earning easy money through drug trafficking and that no leniency should be shown to persons destroying the younger generation and families.
He argued that a stern message was required to deter those involved in the illicit narcotics trade.
Defence counsel Anil Sethi, however, pleaded for the minimum sentence, contending that the convict was only a driver and was neither the kingpin nor financier of the drug trade.
He submitted that Hussain was a first-time offender, had no previous criminal antecedents, was the sole breadwinner of his family and had already remained in custody for more than six years.
The court observed that the quantity of contraband recovered was “huge” and could not have been intended for self-consumption. It said the drug menace had assumed alarming proportions and was rapidly drawing the younger generation towards addiction.
However, while awarding the statutory minimum punishment, the court considered that the convict had no previous criminal record, was in his early 40s and still had the potential to reform and return to society as a responsible citizen.
In a significant development, the court strongly criticised the failure of the investigating officer to probe the backward and forward links of the 790-kg consignment.
The court observed that the failure to investigate the source and destination of the contraband had paved the way for the principal culprits to remain unidentified and escape punishment.
During the sentencing hearing, the convict reportedly told the court that he had disclosed all relevant details to the investigating officer, but no action was taken against the persons involved.
Describing the issue as serious, the court directed SSP Jammu to immediately hold an inquiry into the role of the investigating officer.
The SSP was further directed to constitute an SIT headed by an officer of DySP rank to conduct further investigation under Section 173(8) CrPC and identify the source and supplier of the contraband as well as the destination where it was to be delivered.
The SSP will personally supervise the investigation and keep the court informed about every important development. Copies of the order have also been directed to be sent to the IGP Jammu and SSP Jammu for follow-up action.
The court ordered that the convict be lodged in District Jail, Baramulla, to undergo the remaining period of imprisonment.
It further directed that the seized contraband be destroyed after two months, subject to orders of the appellate court in case an appeal is filed. The truck was ordered to be released in favour of its registered owner after the court found that it had been used without the owner’s consent or connivance. (JNF) |
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