JK News Today
Udhampur July 31: Principal Sessions Judge Udhampur (Special Judge under NDPS Act) Variender Singh Bhau today awarded 10 years rigorous imprisonment and two lakhs fine to three accused namely Aadil Ahmad Tantray Son of Ghulam Hassan Tantray resident of Tantray Pora Anantnag
Abid Hussain Shah Son of Mohd. Ramzan Shah resident of Aishmaqam Anantnag
Chandher Kant Dadrouji son of Dada Rao resident of Plot No. 58 Bandra Maharashtra , who were facing trial in NDPSA case.
The brief facts of the case of the prosecution are that on 05-07-2021 Udhampur police during routine checking at Jakhani Naka on Jammu Srinagar Highway in Udhampur intercepted one vehicle (Tavera)bearing Reg.No JK03-D/1924 which was coming from Samroli side and was signaled to stop for checking purposes but the driver did not stop the said vehicle and tried to jump the naka but naka party tactfully managed to stop the aforesaid vehicle by putting barricade ahead of the vehicle and arrested accused , On search of the said vehicle naka party found a white plastic bag kept in the boat space of the vehicle. Containing white plastic bag cannabis like substance was found in it. All of them were questioned about the recovered contraband but none of them gave any justification. On this docket FIR bearing No 253/2021 was registered in P/S Udhampur U/S 8/20 OF NDPS ACT and later trail was conducted against all the accused in court .
After hearing PP Himanshu Gupta and APP Vinay Sharma for the UT, and counsels for accused the Judge convicted the accused and observed, as regards punishment, accused no.1 and 2 are young men below of age and are first offender and similarly accused no.3 is also less than 50 years and is first offender and accused no.1 & 2 belong to rural background and accused no.3 though is an urbanite but accused persons have families at homes who are dependent upon the accused persons. It cannot be lost sight of the fact that all the accused were caught simultaneously with the contraband substance held by them jointly. The manner in which they have been found carrying the contraband in commercial quantity is itself reflective of the fact that they were not novices to the trade. So taking into account all these facts and circumstances, convicts deserve proportionate punishment for the alleged offences committed by them to meet the ends of justice. All the convicts, are therefore, sentenced to undergo rigorous punishment of 10 years and pay fine of Rs. 2 lakhs each for the commission of offence under section 8 of the NDPS Act punishable under section 20 (C) of the NDPS Act. In case of failure to pay the fine they shall further undergo rigorous imprisonment for two and a half years and for commission of offence under section 29 of the NDPS Act which is punishable with the punishment provided for the offence committed, they are also sentenced to undergo rigorous imprisonment of 10 years and pay fine of Rs. 2 lakh each in case of failure to pay the fine they shall further undergo rigorous imprisonment for two and half years but all sentences will run concurrently .
