SRINAGAR: A Special Court in Jammu has sentenced a Baramulla truck driver to 10 years’ rigorous imprisonment for transporting 790 kilograms of poppy straw and, while delivering the sentence, ordered the constitution of a Special Investigation Team (SIT) to trace the source, suppliers and intended recipients of the massive narcotics consignment.
Special Judge (NDPS Cases), Jammu, Parvaiz Iqbal, convicted Syed Tasadaq Hussain, son of Syed Jumma Shah of Bijhama, Boniyar in Baramulla district, under Sections 8 and 15 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act.
According to the prosecution, Police Station Bagh-e-Bahu received specific information on October 11, 2019, that a truck bearing registration number JK05B-7138 was transporting poppy straw from Kashmir to Jammu. Acting on the information, police laid a naka near Environmental Park on the Jammu bypass.
Although the truck appeared to be carrying white stones and clay, a detailed search led to the recovery of 32 sacks of poppy straw concealed beneath the load. The seized contraband weighed 790 kilograms, a commercial quantity under the NDPS Act.
The court held that the prosecution had established beyond reasonable doubt that the accused was in conscious possession of the contraband.
During the sentencing hearing, Special Public Prosecutor Sunil Kumar sought the maximum punishment, arguing that the huge consignment was intended for drug trafficking and that those involved in destroying the lives of young people and families deserved no leniency.
Defence counsel Anil Sethi pleaded for the minimum sentence, contending that Hussain was merely a driver and neither the mastermind nor financier of the drug network.
While observing that the quantity recovered was too large to be meant for personal consumption, the court awarded the statutory minimum sentence of 10 years’ rigorous imprisonment, taking into account that the convict had no previous criminal record, was in his early 40s and retained the potential for reformation.
The court, however, expressed serious concern over the manner in which the investigation had been conducted, holding that the Investigating Officer failed to probe the backward and forward links of the consignment.
“It is unfortunate that despite recovery of such a huge quantity of contraband, no meaningful investigation was carried out to identify the source, supplier or intended destination,” the court observed, adding that the lapse had allowed the principal offenders behind the racket to escape.
During the proceedings, the convict reportedly informed the court that he had disclosed all relevant information about the persons involved to the Investigating Officer, but no action had been taken.
Calling the omission a matter of grave concern, the court directed the Senior Superintendent of Police, Jammu, to hold an inquiry into the role of the Investigating Officer.
The court further ordered the constitution of a Special Investigation Team headed by an officer of the rank of Deputy Superintendent of Police to conduct further investigation under Section 173(8) of the Code of Criminal Procedure. The SIT has been tasked with identifying the source of the poppy straw, the suppliers involved and the intended destination of the consignment.
The SSP Jammu has been directed to personally supervise the investigation and keep the trial court informed of all significant developments. Copies of the order have also been forwarded to the Inspector General of Police, Jammu, and the SSP Jammu for necessary action.
The court ordered that Hussain be lodged in District Jail, Baramulla, to serve the remainder of his sentence.
