Excelsior Correspondent
JAMMU, Jan 1: Additional Sessions Judge Jammu Tahir Khurshid Raina today awarded 12 years rigorous imprisonment and fine of Rs one lakh each to three accused, who were booked under Narcotics Drugs and Psychotropic Substances Act (NDPSA).
They are Aaqib Ahmed Mir and Ghulam Nabi Bhat of Bijbehara Anantnag and Bharat Bhushan of Raipur Bantalab. They were arrested by the police on Jammu-Srinagar National Highway near Bamyal Morh under the jurisdiction of Nagrota Police Station on the intervening night of August 28 and 29 along with 3.5 kilograms of charas.
In a detailed judgment, Additional Sessions Judge Jammu observed, “when all major incriminating facts like presence of all the three accused at the place of occurrence, recovery of contraband from their possession, seizure and sealing of contraband on the spot itself, depositing of seized material in the safe custody of police station on the day of recovery and resealing of samples by Executive Magistrate followed by proper depositing of the same in FSL which confirmed it as charas, stand proved by the prosecution this court has reached to a conclusion that accused have committed the crime”.
“There is no serious discrepancy or contradiction which goes to the root of prosecution case. Some defects in the investigation though identified but they cannot guarantee acquittal to the accused when charge stand sufficiently proved otherwise on the basis of evidence before the court”, the Judge said.
While awarding sentence to the accused, the Judge observed, “scales of justice have to be kept balanced. Neither punishment looks to be a casual exercise done by the court nor the court looks to have acted as persecutor”, adding “at the same time court must see that the general public should not lose confidence in the judicial system”.
The court further observed, “menace of illicit traffic in narcotic drugs and psychotropic substances has attained alarming proportion and is eating the very vitals of the society and the nation”, adding “it incapacitates the physical and mental faculties of the victim of this crime which renders him incapable to survive well in his life .Not only victim himself but his whole family gets frustrated on account of such a painful situation of the victim”.
Finally taking into account all the factors into consideration, court awarded 12 years rigorous imprisonment to all the three accused persons with a fine of Rs one lakh each. “In case of non payment of fine by the accused , they will further undergo imprisonment for a period of six months”, the court added.
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