Court awards 10 years RI, R 1 lakh each fine to 2 Charas smugglers

JAMMU, JUL 12: 1st Additional Sessions Judge Jammu, Mohan Singh Parihar today awarded 10 years rigorous imprisonment and fine Rs. 1 lakh each to Kali Dass, S/O Som Nath, and Asha Singh, S/O Babu Ram, both residents of Badyal Brahmana, Tehsil R.S. Pura, Jammu from whose possession 12 Kg 480 grams Charas was recovered. 1st Additional Sessions Judge Jammu, Mohan Singh Parihar after hearing Advocate Prince Khanna for the accused and APP Ajay Singh Manhas appearing for the state observed that in the instant case, admittedly the quantity of contraband Charas/Cannabis recovered and seized from the truck bearing registration No. JK02AL- 5781 which was driven by convict no. 1 Kali Dass and its owner the convict no. 2 was sitting in it, falls in commercial quantity. So the maximum punishment provided under Section 20 (b) (ii) (C) of the Act is 20 years and with fine extending up to Rs. 2 lakh but the minimum sentence of ten years has been provided and fine not less than Rs. 1 lakh. In the instant case on 27th April 2016 the narcotic contraband Charas weighing 12 kg. 480 grams was recovered and seized from beneath the seat of the driver of the truck bearing registration No. JK02AL-5781. The evidence produced by the prosecution has proved and established that the convicts were in conscious possession of the Charas recovered from the truck and both the convicts were arrested on the spot by the Police and the truck bearing registration No. JK02AL-5781 was seized alongwith scrap of two tractors loaded in it. The convicts have brought the seized Charas from Kashmir Valley in the truck for its illegal sale to the youths at Jammu. The convicts were arrested on the spot on 27.04.2016 and since then both the convicts are in Jail, as they have not been granted bail during the trial of the case, in view of the recovery of contraband Charas which was of commercial quantity. The trial in this case has been concluded within two years. The perusal of the record of the case reveals that there is no material on the file to show that the convicts were earlier involved in similar nature of offence and they are also not previous convicts. The age of the convict no. 1 namely Kali Dass is 36 years and the convict no. 2 namely Asha Singh is 51 years. Thus, keeping in view the facts and circumstances of the case and in view of the aforesaid discussion, in my view awarding of sentence of rigorous imprisonment of ten years each with fine of Rs. 1 lakh each to the convicts for committing the offence under Section 8/20 (b) (ii) (C) NDPS Act, will meet the ends of justice. With these observations the Court awarded 10 years RI and fine of Rs. 1 lakh each to the convicts. JNF