Srinagar: A Court in Pulwama on Monday sentenced a man to ten years of rigorous imprisonment besides levying on him a fine in tune of one lac for possessing over a quintal Bhang leaves and 1.2 kilograms of Charas.
Principal District & Sessions Judge Pulwama Naseer Ahmad Dar in an order, as per Srinagar-based news agency Kashmir Scroll, said that the accused has been convicted for the offence punishable under Section 20(C) NDPS Act which prescribes punishment for contravention in relation to cannabis plant and cannabis. “The convict has been found in possession 104.400 kgs of Ganja and 1.200 Kgs of Charras and therefore, the said quantity falls under the category of commercial quantity which is specified in the notification No. 1055-E of 2001 issued under NDPS Act.”
While taking several contentions made by Learned Counsel for the accused, which included, the conduct of the convict has remained satisfactory during the trial of the case; The convict has a large family consisting of six members and all are dependent upon the convict; Both parents of the convict died during the trial of the case; The convict does not own any property in his village and does not have any source of income and is the only bread earner of his family and the convict is a first offender and therefore below minimum punishment prescribed for the offence may be awarded in order to give him an opportunity to reform himself, under consideration warranting mitigation, the Court said that “…this court finds it appropriate to impose minimum sentence prescribed for the offence punishable under Section 20(C) of NDPS Act upon the convict found guilty in the said offence.”
“Accordingly convict namely, Abdul Hamid Bhat son of Mohammad Ismail Bhat resident of Lelhar Kakapora is sentenced to rigorous imprisonment of 10 years and fine of Rs. 1,00,000/- (Rupees one lac only) is also imposed. In case of default of payment of fine the convict shall further undergo simple imprisonment of three months,” reads the order.
“The sentence order has been pronounced to the convict in the open court through video conferencing who has been produced through V/C from the Special Jail (Correctional Home) Pulwama where he is presently lodged. The convict shall be lodged in Special Jail (Correctional Home) Pulwama for serving the rest of the sentence. The period of detention already undergone by the convict during the investigation and trial of the case shall be set off. The warrant of sentence shall be issued accordingly,” reads the order further.
