Excelsior Correspondent
JAMMU, Jan 10: Principal Sessions Judge Kathua, Vinod Chatterji Koul today awarded rigorous imprisonment and fine of Rs 2 lakh to Mohd Maqbul Lone, son of Abdul Jabbar Lone of Baramulla, who was facing trial in charas smuggling case.
After hearing Special Public Prosecutor DN Pangotra for the NCB whereas Advocate TN Gupta for the accused person, Principal Sessions Judge observed, “it needs to be put on record that the crime committed by the accused is very serious. Narcotic menace is spreading its tentacles through the length and breadth of the country and is posing a great threat to the economy of the nation apart from effecting the health and future of our youth”.
“It is the cardinal rule of process of sentencing that it has to be commensurate to the crime committed. There is a little scope for exercise of discretion in deciding the quantum of punishment. 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”, Principal Sessions Judge said.
“A balance has to be struck between aggravating and mitigating circumstances before awarding the punishment to an accused. So far as, NDPS Act, it is a very stringent legislation and the purpose behind the Act is to thwart the narcotic trafficking activity”, the court said and awarded RI and fine of Rs 2 lakh to the accused.
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