Srinagar- A week after convicting him for possessing huge quantity of contraband including over a quintal of “Bangh leaves” and 1.2 kgs Charas, a court in Pulwama on Monday sentenced a resident of Kakpora area in south Kashmir district to ten years of rigorous imprisonment and imposed Rs 1 lakh fine on him.
“…convict namely, Abdul Hamid Bhat S/o Mohammad Ismail Bhat R/o Lelhar Kakapora is sentenced to rigorous imprisonment of 10 years and fine of Rs. 1,00,000/- (Rupees one lac only) is also imposed,” said Principal Sessions Judge Pulwama Naseer Ahmad Dar.
“In case of default of payment of fine the convict shall further undergo simple imprisonment of three months,” the court said and ordered that Bhat shall be lodged in Special Jail (Correctional Home) Pulwama for serving the rest of the sentence.
“The period of detention already undergone by the convict during the investigation and trial of the case shall be set off.”
The court observed that huge quantity of Narcotic drugs has been recovered from the house of the convict.
“The drug abuse and drug peddling is increasing in our society day by day. The legislature had incorporated stringent penal provisions in the NDPS Act with the object to curb this menace,” the court said.
The deterrence is sometimes need of an hour in order to send a message to like minded people who are indulging in this menace, the court said.
“A murderer can be held guilty for murder of one or few human being but the drug abuse is taking away precious lives of several human beings on daily basis especially youth of our society who are the most effected by this menace,” the court said, adding, “These accused persons who are indulging in the illicit trade of these drugs are actually responsible for the killing of human beings who die due to consumption of such drugs.”
Hence, the court said, while passing the sentence upon such accused/convict found guilty under NDPS Act, no leniency should be shown, otherwise the purpose behind incorporation of stringent penal provisions in the Act would be meaningless.
According to the prosecution story, on 7 October 2018, the police station Kakapora received information from a reliable source that Bhat has concealed huge quantity of contraband substance in his residential house at Lelhara Kakapora, for illicit trade. On this, police filed FIR No. 42 of 2018 under sections 8/20 of NDPS Act. Later a police party under the supervision of DySP HQ proceeded towards Bhat’s residential house and during the search they recovered nine bags of apparently Bangh leaves besides Charas powder like substance was found in one bag. The contraband substance was weighed in presence of DySP and was found 104.4 Kgs from nine bags while one bag was found containing 1.200 Kgs Charas. Bhat was subsequently arrested.
“….the prosecution has been able to establish and prove its case against the accused beyond all shadow of doubt,” the court had said while convicting Bhat on March 18, adding, “I accordingly hold the accused namely Abdul Hamid Bhat guilty of the offence punishable u/s 20 of the NDPS Act.”
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