Excelsior Correspondent
JAMMU, Jan 31: Principal Sessions Judge Rajouri (Special Judge under NDPS Act) R N Wattal today awarded 10 years rigorous imprisonment to one Naseer Ahmed, son of Lal Hussain of Rajouri, who was facing trial in NDPSA case.
The accused was nabbed with 276 capsules of Spasmo Proxyvon, 169 capsules of Primyvon Spas, 180 tablets of Nindra 0.5 and 65 bottles of 100 ml each on November 21, 2014 and accordingly case under NDPS Act was registered against him.
After hearing PP Shaheen Ahmed Khan for the UT, the Judge convicted the accused and observed, “while awarding sentence, the court should take recourse to principle of deterrence, or reform or invoke the doctrine of proportionality”.
“Taking recourse to either of these principles depends upon facts and circumstances of each case. The nature of the offence committed by the accused/convict plays an important role in awarding the punishment. One of the principles that judiciary has to kept in mind is that those involved in the sale and purchase of drugs should be severely punished so that same may be deterrent in the society”, the Special Judge said.
The court further observed, “the crime committed by the accused/convict here is sale and purchase of narcotic drug, heinous crime, a crime against society. The penal statute has prescribed punishment for sale and purchase of drugs for rigorous imprisonment for a term which shall not be less than 10 years, but which may extend to 20 years, and shall also be liable to fine which shall not be less than Rs 1 lakh but which may extend to Rs 2 lakh where the contravention involves commercial quantity”.
“To view such offences once proved lightly is itself an afferent to society. Though there is discretion to court to award a less sentence than maximum, adequate and special reasons decide the discretion. The discretionary power cannot be used indiscriminately or routinely. Same has to be used cautiously in cases where special facts and circumstances justify a reduction”, the Special Judge said, adding “the convict is not a professional criminal and there is no criminal history at his past. As a young man, his mind has been perverted and induced into drugs syndicate. No ground has been put forth before me, which would warrant imposing extreme penalty on the convict”.
Accordingly, court awarded rigorous imprisonment of 10 years and imposed a fine of Rs 1 lakh for the commission of offences Under Section 8 read with Section 21(c) of NDPS Act and in default in payment of fine, the convict shall further undergo rigorous imprisonment for one year. The period undergone shall be set off from the imprisonment.
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