Court awards 15 years RI, Rs. 2 lakh fine in NDPS case

KATHUA: Principal Sessions Judge Kathua, Pawan Dev Kotwal awarded 15 years rigorous imprisonment and a fine Rs. 2 lakh to Irshad Ahmed Shera, S/O Ghulam Mohd Shera, R/O Village Rainawari, Post Office Khanyar, Tehsil and District Srinagar facing trial in NDPS case from whose possession huge quantity corex was recovered.
While awarding sentence, Principal Sessions Judge Kathua, Pawan Dev Kotwal observed that crime committed by the convict is not only heinous but rather entails serious consequences for the society as a whole. The menace of narcotics has reached an alarming stage ruining the younger generation and in fact it is a very serious threat for the future of humanity. It is worthwhile to note that every second case in Sessions Courts is under NDPS Act involving intermediate and commercial quantities of the narcotics which is suggestive of the fact that how fast the menace is spreading its tentacles. The deterrence therefore is need of the hour and every stake holder has to make serious efforts to curb the same. Further it is to be noted here that Supreme Court in case titled Thana Singh Vs Central Bureau of Narcotics decided on 23.01.2013, passed certain directions in reference to some of the States having huge pendency of NDPS cases including the State of J&K but it is surprising to note that after a gap of 6 years, State has not been able to even equip Forensic laboratories in the State (Now U.T) to conduct quantitative examination and in every case FSL expert shows his inability for want of facility to depose the quantity of the narcotic content. Similarly, there are other directions which need to be complied forthwith for efficient scientific investigation and trial so that offenders are not let off on technical grounds. This encourages others too to involve themselves in such lucrative business.
The Court further observed that the sentence in this case is also to be imposed in the backdrop of above observations. There is no mitigating circumstance in favour of the convict except that he is middle aged person and as per his statement on oath, he is an earning member for his old mother. However, at the same time, as per his own statement he has other brothers and though living separately but the mother may not be solely dependent on him. There is also not any aggravating circumstance to warrant maximum sentence and therefore in the totality of circumstance the convict Irshad Ahmed Shera is sentenced to rigorous imprisonment for 15 years and also to fine to the tune of Rs. 2lakh. In case of default of payment of fine he shall further undergo rigorous imprisonment for two years.