Srinagar, Mar 25: The Principal Sessions Court Pulwama on Friday sentenced a drug peddler to 10 years of rigorous imprisonment for possessing a commercial quantity of contraband even as the court imposed a fine of Rs 1 lakh on the convict.
Principal Sessions Judge Pulwama, Naseer Ahmad Dar awarded the punishment to Abdul Hamid Bhat of Lelhar Kakapora, who was convicted by the court on March 18 for the offences punishable under Section 8/20 (C) of the Narcotic Drugs and Psychotropic Substances Act.
“The convict has been found in possession 104.400 kg ganja and 1.200 kg charas. The quantity falls under the category of commercial quantity which is specified in the Notification No 1055-E of 2001 issued under the NDPS Act,” the court said after hearing the public prosecutor on behalf of the government and defence counsel for the convict.
The court held that in keeping with the act if the contravention involves commercial quantity, the imprisonment prescribed is rigorous and should not be less than 10 years but may extend to 20 years.
“The fine should not be less than Rs 1 lakh but may extend to Rs 2 lakh,” it said.
Imposing the fine of Rs 1 lakh on the convict, the court said: “In case of default of payment of fine the convict will further undergo simple imprisonment of three months. The period of detention already undergone by the convict during the investigation and trial of the case should be set off.”
The court observed that it had no reason to impose maximum punishment on the convict prescribed for the offence for which he had been found guilty.
“No doubt the conduct of the accused has remained satisfactory during the trial of the case. It has not been disputed that during the trial of the case, both the parents of the convict have died and the convict appears to be around 60 years of age which facts has also not been disputed by the prosecution,” the court said. “The convict has unmarried children including the daughters as well.”
It said: “Therefore, this court finds it appropriate to impose minimum sentence prescribed for the offence punishable under Section 20 (C) of NDPS Act upon the convict found guilty in the offence.”
In its observations, the court cautioned against the drug abuse saying deterrence is needed to send a message to like-minded people who are indulging in this menace.
“A murderer can be held guilty for the murder of one or few human beings but drug abuse is taking away precious lives of several human beings daily, especially youth of our society who are the most affected by this menace,” the court said. “These accused persons who are indulging in the illicit trade of these drugs are responsible for the killing of human beings who die due to consumption of such drugs.”
The court while passing the sentence upon such a convict found guilty under the NDPS Act, said no leniency should be shown.
“Otherwise, the purpose behind the incorporation of stringent penal provisions in the Act would be meaningless,” it said.
On October 7, 2018, Police Station Kakapora received information from a reliable source that Bhat had concealed a huge quantity of contraband substance in his residential house at Lelhara Kakapora for illicit trade. Police filed FIR No 42 of 2018 under Sections 8/20 of the NDPS Act.
Later, a Police party under the supervision of DySP Headquarters proceeded towards the residential house of Bhat and recovered nine bags of Bangh leaves beside Charas powder-like substance in a bag.