Excelsior Correspondent
JAMMU, Sept 1: Principal Sessions Judge Udhampur Yash Pal Bourney has awarded 10 years Rigorous Imprisonment to Ludhiana based narcotics smugglers namely Lakhbir Singh and Jatinder Singh.
While awarding sentence, the court took serious note of the investigation and observed, “it is disturbing to note that neither police officer who spotted the contraband nor the Investigating Officer (IO) is aware of the provisions of the NDPS Act which is of technical nature and with the result IO has carried on the proceedings ceremonially”.
“It needs to be emphasized that investigation of the offences of like nature has to be entrusted to and handled by the professional investigators who are not only well versed with the provisions of the Act but also are trained specially, otherwise the graph of the offences of like nature is bound to rise”, the court said, adding “a serious thought has to be given to improve the quality of investigation by the officers at the helm of affairs if they are serious at all in curbing the menace of drugs and other intoxicating substances”.
“Both the convicts are young men in forties and are first offenders. They belong to a rural background and have families to maintain at home. Both were caught simultaneously with the contraband substance held by them jointly but have been charged differently; one for commercial quantity and other for intermediate quantity simply for the reason that IO without any application of mind has taken their utterances a gospel truth”, the court further observed.
“The manner in which they have been found carrying the contraband in commercial quantity is itself reflective of the fact that they were not novice to the trade. So, taking into account the all these facts and circumstances, both the convicts deserve similar treatment. Both of them are therefore, sentenced to undergo rigorous imprisonment of 10 years and a fine of Rs 2,00,000 each is imposed on them. In case of failure to pay the fine they further undergo Rigorous Imprisonment for two years”, the court said.
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