District and session Court Anantnag sentences 5 Drug peddlers to 10 years of imprisonment, imposes Rs 1 lakh fine each.

Sameer Ahmad

Anantnag: The Special judge of District and session Court Anantnag on Thursday sentenced 5 drug peddlers to 10 years of rigorous imprisonment for possessing a commercial quantity of contraband even as the court has imposed a fine of Rs 1 lakh to each on the convict.

Principal Sessions Judge Anantnag, Manzoor Ahmad awarded the punishments to five persons including husband and wife namely, Mohammad Rafiq Bhat S/O Mohammad Jamal Bhat, Anayat Ullah Bhat S/O Mohammad Rafiq Bhat, Aijaz Ahmad Bhat S/O Ghulam Hassan Bhat, Mubeena Banoo W/O Mohammad Rafiq Bhat, all residents of Soaf Shali Kokernag and Sajad Ahmad Ganie S/O Gull Mohammad Ganie R/O Hangal Gund Kokernag are sentenced to rigorous imprisonment.

By virtue of judgment dated 07-05-2025 these accused were convicted for the offences under Section 8/20 (c) read with Section 29 of Narcotic Drugs and Psychotropic Substances Act (NDPS Act) in case FIR No.63/2022 of Police Station Kokernag for illegal possession and trafficking of 5 kgs of Charas, which constitute a commercial quantity. On 10.05.2025 the arguments on quantum of punishment were heard.

The accused persons are convicted for the offences involving commercial quantity of contraband which attracts a minimum sentence of 10 years, which is extendable to 20 years under Section 20 (c) of the NDPS Act. The offences are grave and serious in nature, having significant impact on the society and the Hon’ble Supreme Court has consistently held that the Courts must strike a balance between the mitigating circumstances of the accused and the aggravating circumstances of the offence. The Court has also take into consideration the other factors like socio, economic position of the convicts, absence of prior convictions, no violence, arms or coercion were involved and the convicts have maintained good conduct in jail, which has not been disputed during the trial of the case. Therefore, while striking balance between aggravating and mitigating circumstances and considering the quantity of contraband recovered and background of the convicts, I am inclined to give an opportunity to the convicts for their rehabilitation and resumption of routine life. As such I find it appropriate to impose minimum punishment prescribed under offences punishable under Section 8/20 (c) read with Section 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act), upon the convicts.

The district and session court Anantnag imposed 10 years and fine of Rs. 1,00,000/- each (Rupees one lac) . In case of default of payment of fine the convicts shall further undergo rigorous imprisonment of one year each, Reads order.

The sentence order has been pronounced to the convicts in the open Court through video conferencing who have been produced through V/C from District Jail Bhaderwah and Central Jail Srinagar respectively where they are presently lodged.

The convicts shall remain in the jails where they are presently lodged for serving the rest of the sentence. The period of detention already undergone by the convicts during the investigation and trial of the case shall be set off. The warrant of sentence shall be issued accordingly. Reads order

This order shall form part of the judgment of conviction dated 07.05.2025 in terms of Section 363 Cr. P. C. The copy of judgment and sentence be provided to the convicts free of cost. In terms of Section 365 Cr. P. C, copy of judgment and sentence be forwarded to District Magistrate concerned. Reads order