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| Court awards 10 years' RI, Rs 1 lakh fine to Charas smuggler | | | Early Times Report
JAMMU, Oct 19: Special Judge NDPS Cases, Jammu, Parvaiz Iqbal has sentenced a Rajouri resident to 10 years' rigorous imprisonment (RI) and imposed a fine of Rs 1 lakh after convicting him in a case involving the recovery of three kilograms of charas.
The convict, identified as Mohd Asif, son of Bhag Hussain, resident of Jabrian, Kotedhara, Rajouri, was convicted under Sections 8 and 20 of the NDPS Act in FIR No. 93/2020 registered at Police Station Akhnoor.
According to the prosecution, the accused was apprehended on June 29, 2020, during routine checking at a police naka on the National Highway at Chowki Choura. Police recovered three packets containing one kilogram of charas each from a bag carried by him.
During the trial, Special Public Prosecutor Sunil Kumar appeared on behalf of the prosecution, while Advocate Subash Chander Sharma represented the accused.
After examining the prosecution evidence, including witness statements, seizure records and the forensic report, the Court held that the prosecution had established conscious possession of a commercial quantity of charas beyond reasonable doubt.
The Court observed that procedural lapses relating to Sections 52-A and 57 of the NDPS Act did not invalidate the prosecution case, as the integrity of the seized samples and the chain of custody remained intact.
During arguments on the quantum of sentence, Special Public Prosecutor Sunil Kumar sought stringent punishment, citing the growing menace of drug trafficking and its adverse impact on society, particularly the younger generation.
Defence counsel Advocate Subash Chander Sharma pleaded for leniency, submitting that the convict was a first-time offender, the sole breadwinner of his family and had already spent more than five years in custody.
Considering the mitigating circumstances, including the convict's age, family responsibilities and absence of previous criminal involvement, the Court sentenced him to 10 years' rigorous imprisonment with a fine of Rs 1 lakh.
In default of payment of the fine, the convict will undergo an additional six months' rigorous imprisonment. He will also be entitled to the benefit of set-off under Section 428 CrPC.
The Court further directed that the convict be shifted from District Jail Poonch to District Jail Rajouri to serve the remaining sentence.
The seized contraband has been ordered to be destroyed after two months, subject to any directions issued by the appellate court in the event of an appeal.
(JNF) |
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