RI awarded to 2 narcotics smugglers

Excelsior Correspondent
JAMMU, Aug 14: Principal Sessions Judge Udhampur, A K Koul today awarded rigorous imprisonment of 15 years and 10 years respectively to two narcotics smugglers namely Sajjad Ahmad Bhat and Mohd Amin Reshi.
According to the police case,  a police party intercepted a black Tata Safari bearing registration No DL4CAL-5786, which was on its way from Srinagar to Jammu, at Jakhani, Udhampur on Jammu- Srinagar National Highway. The vehicle was being driven by Sajjad Ahmad Bhat.
On brief interrogation, he identified himself as an Excise Sub Inspector and to justify his identification he produced an identity card purportedly issued by Excise Department. The police party doubted the bonafides of Sajjad Ahmad Bhat and his vehicle was searched.
A big box like speaker was found in the boot of the vehicle which had two speakers in the front and two on the top. On removal of the front speakers, a huge consignment of charas was found wrapped in glossy paper inside the box. Accordingly, a case was  registered under Section 8/20 of NDPS Act and investigation commenced.
During the further investigation, Sajjad Ahmad Bhat revealed that Mohd Amin Reshi was in the trade of smuggling charas since 5/6 years. After completion of the investigation, challan was presented.
After hearing Public Prosecutor Navneet Gupta for the State whereas Advocates D Shwal, Ali Mohd Padroo and Gulshan Singh Shan for the accused persons, 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 of the NDPS Act and also the impact of awarding sentence”, the court said.
“A balance has to be struck between aggravating and mitigating circumstances before awarding the punishment to an accused. The purpose behind the NDPS Act is to thwart the drug trafficking activity”, the court observed.
Accordingly, Sajjad Ahmad Bhat was sentenced to rigorous imprisonment of 15 years and a fine of Rs 1 lakh for commission of offence under Section 8/20(C) ND PS Act and Mohd Amin Reshi, was sentenced to rigorous imprisonment of 10 years and a fine of Rs 50, 000 for commission of offences under Section 8/20 (B) and further rigorous imprisonment of 10 years for commission of offence under Section 29 NDPS Act and a fine of Rs 50,000. The Court, however, clarified that the sentences shall run concurrently.