Excelsior Correspondent
JAMMU, July 9: Principal Sessions Judge Kathua, Vinod Chatterji Koul today awarded 15 years rigorous imprisonment and fine of Rs 2 lakh to Amit Sharma alias Vicky, son of Vinod Sharma of Ward No14 Kathua, who was facing trial NDPS Act for smuggling of intoxicant capsules.
The narco smuggler was arrested by Police Station Kathua at Shastri Nagar when he was proceeding from Hatli Morh towards Kathua. From his possession, 39 plastic bags containing 195 capsules each were recovered.
After hearing Public Prosecutor Ravi Gupta for the State whereas Advocate A Salathia for the accused person, Principal Sessions Judge observed, “it needs to be put on record that the crime committed by the accused is very serious. Drug menace is spreading its tentacles through the length and breadth of the country and is posing a great threat to the economy of the nation apart from effecting the health and future of our youth”.
“It is the cardinal rule of process of sentencing that it has to be commensurate to the crime committed. There is a little scope for exercise of discretion in deciding the quantum of punishment. The courts have to be live to the facts and circumstances of the case, the principles of law governing the award of sentence, the legislative intent behind NDPS Act and also the impact of awarding sentence”, Principal Sessions Judge said.
“A balance has to be struck between aggravating and mitigating circumstances before awarding the punishment to an accused. So far as NDPS Act is concerned, it is a very stringent legislation and the purpose behind the Act is to thwart the drug trafficking activity. It would not to be out of place to mention that India has become heaven for drug peddlers and it is high time that the crime is dealt with iron hand”, the court said.
“Keeping in view the fact that the accused is first offender, he is the only bread earner in the family and had been facing trial since August 2010, the accused is sentenced to undergo rigorous imprisonment for 15 years”, the court said.
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