Iqra Qayoom
Srinagar, Feb 15: A local court in Srinagar on Thursday sentenced a youth from Bandipora for ten years rigorous imprisonment for drug trafficking after convicting him in Narcotic Drugs and Psychotropic Substances (NDPS) Act.
The Court of 4th Additional Sessions’ Judge Srinagar also imposed a fine of Rs One Lac on the convict Junaid Raina of Kaloosa Bandipora. The convict has already spent one and a half years in jail during the trial. Police Station Parimpora had recovered contraband substances from the convict in August 2020.
Court observed that the involvement of convict in the present case is a very serious crime in view of the rapid spread of drug menace. “The nature of crime committed is very much a challenge to society. The gravity and nature of the offence committed is a bug challenge to the society,” court stated in the judgement and found that the convicted is involved in transportation and possession of drugs. “The nature and kind of offence is an aggravating factor against the convict,” the court said in the judgement.
Court, however, observed that it took a lenient view while announcing the quantum of punishment keeping in consideration that there is no previous criminal record of the accused, his antecedents, first offender, his family , especially small kids.
The Court stated that the convicted has been found involved for the commission of offence U/S 8/21 NDPS Act and the punishment for the crime is laid in section 21 of NDPS. “The quantity of contraband substances is not such a huge quantity but is not a minimum also. It is a commercial quantity as has been held in the judgement…. The court has to award punishment and sentence, which must be proportionate and adequate,” court said while pronouncing the judgement.
While pronouncing the judgement, the court observed that there is no previous criminal record against the accused and has been found guilty in the present case. Court found that there is no conviction and no criminal history of the accused and is not a habitual offender. “The previous character of the accused is also relevant in awarding the punishment to the convicted”.
Earlier State through Police Station Parimpora represented by Additional Public Prosecutor Mohammad Saleem prayed for severe and maximum punishment of 20 years with maximum fine to the convict in view of the growing drug menace in the valley. APP pleaded that the drug addiction cases rise day by Day and the action of the court should be very harsh to curb the menace .
However, the accused represented by Mohammad Abdullah Pandit pleaded for lenient view stating that convict is the only support of his family and has to look after his parents , wife and small children and there is no criminal background of convict.
Advocate Pandit submitted before the court that the antecedents of convicts are not adverse to him. “He is young, so harsh and long sentence will not only tell upon his youth but his family also,” he pleaded and said court has to consider all the records , pleas raised , grounds pleaded while awarding the quantum of sentence.
While presenting the facts of the case, Advocate Pandit referred to the FSL report and said that FSL opinion only with regard to the one strip does not fall within the definition of commercial quantity and exceeds 6 gms from small quantity . “The accused cannot be given the punishment for commercial quantity in view of the evidence on record and the material placed on record by the prosecution”
Court after announcing the quantum of the punishment sent the convict to Central Jail Srinagar and directed the superintendent of Police to keep the convict in his custody for satisfying the sentence
