Early Times Report
JAMMU, Nov 12: The Special Judge NDPS Court, Jammu, has sentenced a man to three years' imprisonment in a case involving recovery of 10 grams of heroin and theft of a motorcycle, while observing that an opportunity for reform may be considered in appropriate cases involving drug addiction.
Special Judge Parvaiz Iqbal convicted Narinder Gupta, son of Ram Lal Gupta, a resident of Wazarat Road, Jammu, in FIR No. 62/2021 registered at Police Station Nowabad under Sections 8, 21, 22 and 25 of the NDPS Act and Section 379 IPC.
According to the prosecution, the accused was apprehended on March 30, 2021, at Camp (T) Chowk, Company Bagh, Jammu, by a police team led by ASI Amrit Lal. During the operation, 10 grams of heroin was recovered from his possession.
The prosecution further alleged that the accused had stolen a motorcycle bearing registration number JK21C-4739, following which Section 379 IPC was also added to the case.
During the proceedings, the accused voluntarily admitted his involvement in the offences and sought a lenient sentence, submitting that he was struggling with drug addiction and wanted an opportunity to reform himself.
Advocate Anil Sharma, appearing for the accused, submitted that his client was a first-time offender belonging to a financially weak background and had voluntarily admitted his guilt. He requested the court to adopt a reformative approach while determining the punishment.
Special Public Prosecutor Sunil Kumar, representing the UT of Jammu and Kashmir, opposed leniency at the sentencing stage, contending that drug abuse posed a serious threat to society and that offences involving narcotic substances required a firm judicial response.
After examining the record and the accused's voluntary statement, the court found him guilty of offences under Sections 8, 21, 22 and 25 of the NDPS Act and Section 379 IPC.
The court observed that the recovered quantity of 10 grams of heroin was greater than the notified small quantity but below the commercial quantity threshold.
While determining the sentence, the court considered the financial condition of the accused, his status as a first-time offender and his willingness to reform.
The court observed that the accused could also be viewed as a victim of the drug menace and considered it appropriate to provide him an opportunity to become a responsible citizen.
Accordingly, the court sentenced him to three years' imprisonment and a fine of Rs 10,000 under the NDPS Act. In default of payment of the fine, he will undergo an additional two months of simple imprisonment.
The court also awarded two years' imprisonment and a fine of Rs 10,000 under Section 379 IPC for motorcycle theft.
Both substantive sentences will run concurrently, making the effective imprisonment term three years, subject to adjustment for the period of detention already undergone in accordance with law.
The court further directed the convict to furnish a bond of Rs 20,000 under Section 34 of the NDPS Act, undertaking not to repeat such offences.
The seized heroin was ordered to be destroyed in accordance with Supreme Court guidelines after the expiry of the appeal period. (JNF) |
