Excelsior Correspondent
JAMMU, Feb 7: Principal Sessions Judge Kathua, AK Koul today awarded seven years rigorous imprisonment and fine of Rs 50,000 to Narpay Singh, son of Bant Singh, who was facing trial in smuggling of poppy straw and issued General Arrest Warrants against Baljeet Singh, son of Gandhor Singh.
According to the police case, on April 5, 2007, a police party laid a naka at Kalibari on Jammu-Pathankot National Highway and intercepted a tanker bearing registration number HR37B-1816. During the search of the vehicle, nine kilograms of poppy straw was recovered from a mesh fixed on the front of the vehicle.
After hearing PP Ravi Gupta for the State whereas Advocate Ganesh Sharma for the accused, Principal Sessions Judge Kathua, A K Koul observed, “it is fair to conclude that Narpay Singh was found in conscious possession of nine kilograms of poppy straw, the possession of which he could not justify. So, Narpay Singh appears to be connected with the guilt beyond all shadows of doubt. He is so convicted under Section 8/15 NDPS Act”.
“The courts have to be live to the facts and circumstances of the case, the principles of law governing the award of sentence, the legislative intent behind NDPS Act and also the impact of awarding sentence. A balance has to be struck between aggravating and mitigating circumstances before awarding the punishment to an accused”, Principal Sessions Judge said, adding “so far as, NDPS Act is concerned, it is a very stringent legislation and the purpose behind the Act is to thwart the drug trafficking activity. It would not be out of place to mention that India has become a haven for drug peddlers and so it is high time that the crime is dealt with an iron hand”.
“The accused in this case is in the prime of his youth but then the crime committed by him is also grave so he is sentenced to rigorous imprisonment of seven years and a fine of Rs 50,000 is imposed on him”, the Court said.
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