MUMBAI, Jan 1: A court here on Wednesday sentenced eight Pakistani nationals to 20 years of rigorous imprisonment in a 200 kg drug seizure case, noting that the ruling ought to be a “lesson to the enemy nation to refrain from exporting life staking and health affecting contraband substances” to India.
The accused, arrested in 2015 with 232 kg of heroin worth Rs 6.96 crore, by the Indian Coast Guard off Gujarat coast, were held guilty by special judge for cases under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, Shashikant Bangar, for offences committed under the anti-drug law.
They were sent to 20 years in jail, which is the maximum punishment under the NDPS Act, and a fine of Rs 6 lakh each was also imposed on them.
Those convicts were identified as Alibaksha Sindhi (48), Maksud Masim (54), Mohammad Natho Sindhi (55), Mohammad Ahmad Inayat (37), Mohammad Yusuf Gagawani (58), Mohammad Yunus Sindhi (44), Mohammad Gulhasan Baloch (40) and Gulhasan Sindhi (50).
The court, in its order, noted that “if the accused persons had been successful in transporting and importing the commercial quantity of the contraband into India, it would have contributed to the rise in criminal activities for distribution and sale thereof”.
The special court judge was of the view that the accused being foreign nationals “ought not have indulged in the present crime”.
Special public prosecutor Sumesh Punjwani sought maximum punishment for the accused, saying that since they are foreign nationals, maximum sentence be imposed upon them so that it acts as a deterrent for other like-minded drug traffickers.
Defence lawyers Anil Lala and Ratnadeep Meshram pleaded that a compassionate and humanitarian approach be taken and leniency be shown while sentencing them as the accused persons have been under detention for more than nine years.
The court, however, said that the facts that they are foreign nationals and are under detention since their arrest there are no mitigating circumstances for any lenient view and humanitarian approach while pronouncing the imprisonment.
“More particularly, the accused persons are Pakistani nationals, that is from an enemy country, which would be the most aggravating circumstances, and would hold back this court from showing any leniency while sentencing the accused persons even if they have undergone a longer duration of detention in the judicial custody during the trial,” the court said.
The special judge stressed that the NDPS Act’s provisions “do not expect a lenient approach while sentencing the convicts, more particularly the ones indulged in illicit possession and trafficking of drugs in commercial quantities.
“This decision (judgement) ought to be a lesson to the enemy nation and its citizens to refrain from indulging in exporting life staking and health affecting contraband substances to India, else they shall be dealt with sternly and with a stringent approach for deterrence for committing any such misadventure in future,” the court asserted.
The case pertains to the interception of a suspicious boat (Al Yashir) in the Arabian Sea, within the maritime boundary of India, on April 20, 2015, by the Indian Coast Guard (ICG) ship Sangram.
The boat was intercepted approximately 157 nautical miles from Mithapur in Gujarat, the prosecution said.
As per the investigation agency, upon inspection, 11 blue plastic drums containing 232 packets of heroin (approximately 232 kg) were recovered from the boat. Additional items seized from the accused included satellite phones, GPS devices and electronic navigation charts.
The accused allegedly conspired with Pakistani narcotic suppliers and intended to smuggle heroin into India for distribution or export, it said.
On defence contention of jurisdiction, the court held that the suspicious boat was not in Indian territorial waters but was operating within the Indian Exclusive Economic Zone (EEZ).
This still falls under India’s maritime jurisdiction, where illegal transportation of contraband, such as narcotics, is a punishable offence under the NDPS Act and relevant maritime laws, the court said.
“The boat’s direction towards Indian waters further justified its interception and search. The suspected boat, operating within India’s Exclusive Economic Zone (EEZ), has violated key provisions of maritime law and international conventions/treaties,” it added.
The court held the accused are in judicial custody since the date of their arrest on July 26, 2015 and are entitled for a set off for the period served under detention.
They shall be deported to Pakistan, their native country, after they serve the sentences, the court said and added that a copy of this judgment be sent to the High Commission or Embassy of Islamic Republic of Pakistan for information and necessary arrangements for the deportation of the accused. (PTI)
Follow our WhatsApp channel
