DB modifies imprisonment in NDPSA case

Excelsior Correspondent

JAMMU, Nov 15: Division Bench of High Court comprising Chief Justice Pankaj Mithal and Justice Rajnesh Oswal has modified the imprisonment in Narcotics Drugs and Psychotropic Substances Act (NDPSA) case awarded by Principal Sessions Judge Udhampur to one Manjit Singh from 12 years to 10 years.
After hearing both the sides, DB observed, “we have carefully gone through the judgment of the trial court. The trial court has examined and appreciated the evidence led by the prosecution in its right perspective and the appellant has not been able to convince us that the trial court has wrongly appreciated the evidence”, adding “we have not been able take a view other than that of the trial court. As such, the conviction of the appellant is upheld”.
“The appellant must be 44 years of age by now, having family to support and the prosecution has not brought anything on record that the appellant has been earlier involved in commission of such type of offences, so we have no hesitation to hold that this is the first offence of the appellant. So taking note of the judgment of the Apex Court in Balwinder Singh Versus Assistant Commissioner, Customs and Central Excise, we reduce the sentence of the appellant from rigorous imprisonment of 12 years to 10 years”, the DB said.