Srinagar: A youth from Bandipora was sentenced to ten years of rigorous imprisonment by a local court in Srinagar for drug trafficking, following his conviction under the Narcotic Drugs and Psychotropic Substances (NDPS) Act on Thursday.
The Court of 4th Additional Sessions’ Judge Srinagar also imposed a fine of Rs One Lac on the convict Junaid Raina son of Abdul Jabber 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 substance from the convict in August 2020.
The court observed that the involvement of the convict in the present case is a very serious crime given the rapid spread of the drug menace. “The nature of crime committed is very much a challenge to the society. The gravity and nature of the offense committed is a big challenge to the society,” the court stated in the judgment and found that the convicted is involved in transportation and possession of the drug. “The nature and kind of offense is an aggravating factor against the convict,” the court said in the judgment.
The 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 accused, his antecedents, first offender, his family , especially small kids.
The Court stated that the convict has been found involved in 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 substance is not such a huge quantity but is not minimum also. It is a commercial quantity as has been held in the judgment…. The court has to award punishment and sentence, which must be proportionate and adequate,” the court said while pronouncing the judgment.
Earlier State through Police Station Parimpora represented by Additional Public Prosecutor Syed Sareer prayed for severe and maximum punishment of 20 years with a maximum fine to the convict given 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, accused represented by Mohammad Abdullah Pandit pleaded for lienent 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 on convict 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 refereed to the FSL report and said that FSL opinion only with regard to the one strip and that 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.
