Excelsior Correspondent
JAMMU, Mar 25: Division Bench of High Court comprising Justice Tashi Rabstan and Justice Vinod Chatterji Koul has modified the sentence imposed by the trial court in NDPSA case.
According to the prosecution case, on August 19, 2010 the appellants Jaspal Singh and Harpal Singh, sons of Roshan Singh of Moga were nabbed with 720 kilograms of poppy straw at Toll Post Nagri in Kathua.
After trial, both the appellants were convicted by the Court of Principal Sessions Judge, Kathua, vide its judgment dated 14.0.2013 and on the next day they were sentenced to undergo rigorous imprisonment for a period of 20 years with a fine of Rs 1 lakh each for commission of offence under Section 8 read with Section 15 (C) of NDPS Act.
The verdict of Principal Sessions Judge was challenged before the High Court and after considering the judgment of trial court and hearing the submissions of the rival sides, the DB observed, “this court is of the opinion that prosecution has successfully proved its case beyond any reasonable doubt and the trial court has very rightly recorded the conviction of the appellants “.
“This court is not oblivious of the fact that appellants are convicted in a very serious offence affecting the society at large. Considering the nature of the offence, so also the seriousness of the crime, there is no reason to reduce the punishment awarded to the appellants/ accused persons”, the DB said.
However, considering the age of the appellants, their poor background and the fact that appellants are behind the bars since their arrest in this case, the DB considered the case in the light of the law laid down by the Supreme Court.
Accordingly, the DB reduced the sentence from 20 years to 15 years. However, the penalty imposed by the trial court will remain the same.
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