Special Judge Parvaiz Iqbal Imposes ₹1 Lakh Fine; Convict Found Guilty Under NDPS Act
Jammu, October 19: The Special Court for NDPS cases in Jammu, presided over by Special Judge Parvaiz Iqbal, on Monday sentenced Mohd Asif, a resident of Jabrian, Kotedhara in Rajouri district, to 10 years of rigorous imprisonment and imposed a fine of ₹1 lakh in a narcotics case involving the recovery of three kilograms of charas.
The court passed the sentencing order in FIR No. 93/2020 registered at Police Station Akhnoor under Sections 8 and 20 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act.
According to the court order, Mohd Asif was apprehended by police on June 29, 2020, at a naka on National Highway near Chowki Choura in Jammu. During the operation, he was found in conscious possession of three kilograms of charas, which the court classified as a commercial quantity.
The accused had been convicted by the court on October 19, 2026, following the proceedings in the case.
Prosecution Seeks Maximum Punishment
During the sentencing hearing, Special Public Prosecutor Sunil Kumar argued that the recovery of a commercial quantity of contraband warranted stringent punishment. He submitted that drug trafficking was seriously affecting society, particularly the younger generation, and urged the court not to show leniency towards the convict.
The prosecution argued that strict punishment was necessary to discourage drug trafficking and send a strong message against those involved in the narcotics trade.
Defence Pleads for Leniency
Advocate Subash Chander, appearing for the convict, sought a lenient view, submitting that Mohd Asif was a first-time offender and the sole breadwinner of his family.
The defence counsel told the court that the convict had responsibilities towards his elderly parents and younger siblings. It was also submitted that he had spent more than five years in custody and that his conduct during his stay in District Jail Poonch had remained satisfactory.
The defence further argued that the convict was young and had the potential to reform. Counsel also raised concerns over alleged procedural irregularities during the investigation and questioned the quality of the evidence.
Judge Considers Social Impact of Drug Menace
After hearing both sides, Special Judge Parvaiz Iqbal referred to judgments of the Supreme Court concerning sentencing in narcotics cases, including Gurdev Singh v. State of Punjab and Mohd Zahid v. State.
The court observed that narcotics-related offences have a serious impact on society, particularly on young people, and that the wider public interest must be considered while determining punishment under the NDPS Act.
The judge noted that the three kilograms of charas recovered in the case constituted a commercial quantity and could not have been intended for personal consumption.
At the same time, the court considered mitigating circumstances, including the convict’s lack of a previous criminal record, his family responsibilities, his age and the possibility of reformation.
Taking these factors into account alongside the seriousness of the offence, the court sentenced Mohd Asif to 10 years of rigorous imprisonment.
₹1 Lakh Fine, Six Months’ Additional Imprisonment in Default
The court imposed a fine of ₹1 lakh on the convict and ordered that, in the event of non-payment, he would undergo an additional six months of rigorous imprisonment.
The convict was also held entitled to the benefit of set-off under Section 428 of the Code of Criminal Procedure for the period already spent in custody, as applicable.
Court Emphasises Rehabilitation of Offenders
In the sentencing order, Judge Parvaiz Iqbal emphasised that criminal justice should balance punishment with the possibility of reform and rehabilitation.
The court expressed the hope that the convict would use his period of imprisonment for self-introspection and reformation and return to society as a responsible citizen.
The order also referred to Supreme Court observations regarding the growing challenge of substance abuse and the need to protect young people from the harmful consequences of drug trafficking and addiction.
Convict to Be Shifted to District Jail Rajouri
The court directed that the seized contraband be destroyed after the expiry of two months, subject to any appeal and directions issued by the appellate court.
It further ordered that Mohd Asif be shifted to District Jail Rajouri to serve the remaining term of his sentence. The concerned jail authorities and police officials were directed to coordinate his transfer from District Jail Poonch.
The sentencing order was pronounced on October 19, 2026, by Special Judge Parvaiz Iqbal of the NDPS Court, Jammu.(KNC)
