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| HC modifies sentence, fine | | | EARLY TIMES REPORT
Jammu, Aug 17: The High Court today modified sentence awarded by the trial court under u/s 8(c) r/w section 21 (c) Narcotics Drugs and Psychotropic Substances Act (NDPS). The High Court reduced the fine to Rs 20,000 and also reduced the sentence as undergone as the accused had been in custody since March 27, 2003.
According to the prosecution story that on source information accused was in the process of smuggling brown sugar and heroine out of state in Maruti Car No 7659-JK02K towards Pathankote. On this information a case was registered u/s 8/20 and 22/29 NDPS Act (Narcotic Drugs & Psychotropic Substance Act) and laid Naka on March 27, 2003 at about 9:45 hrs Maruti Car coming from Gandhi Nagar was intercepted at Naka and accused boarded the vehicle at that point of time, they were asked in writing, as to whether they would like to be searched before a Magistrate or a Gazzetted Officer, they opted for their personal search in presence of Magistrate. During the search one Kg of heroin was recovered from the possession of three accused and one half Kg brown sugar was recovered from the possession of other two accused, whereas accused Ravinder Singh alias Billu r/o new-Rehari Jammu was declared absconder and proceedings U/s 512 CrPC was initiated against him.
Justice Hasnain Massodi while allowing the appeal in which Advocate Aslam Goni along with Advocate DN Pangotra appeared for the appellants whereas AAG Gagan Basotra appearing for the state observed that prosecution has not proved that the contraband recovered from appellants was commercial quantity and Trial Court without having evidence before it that substance recovered the appellants was having quantity of the contraband liable to be taken as commercial quantity proceeded to sentence the appellants under NDPS ACT and awarded the minimum sentence of 10 years RI and fine Rs one lac. The sentence imposed thus is held not to be in accordance with law and reduce the same. JNF |
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