Principal Sessions Judge Udhampur Yash Pal Bourney awarded 10 years rigorous imprisonment and fine Rs 2 lacs to Ludhiana Based Narco Smugglers namely Lakhbir Singh and Jatinder Singh.
Principal Sessions Judge Uhdampur Yash Pal Bourney while awarding sentence took serious note of the investigation and observed that it is disturbing to note that neither police officer who spotted the contraband nor the IO is aware of the provisions of the NDPS Act which is of technical nature and with the result IO has carried on the proceedings ceremonially. It needs to be emphasized that investigations of the offences of like nature has to be entrusted to and handled by the professional investigators who are not only well versed with the provisions of the Act but also are trained specially, otherwise the graph of the offences of like nature is bound to rise. Therefore, a serious thought has to be given to improve the quality of investigation by the officers at the helm of affairs if they are serious at all in curbing the menace of drugs and other intoxicating substances.
According to the prosecution story, on 12.06.2016 at about 6.15 a.m. a Mahindra load carrier (actually FORCE) bearing registration number PB10FF-4289 was stopped for routine checking at Naka Point Jakhani and the person on the steering wheel disclosed his name as Lakhbir Singh, whereas two other persons of his companions seated at the back body identified themselves as accused Jatinder Singh and Prem Singh. Upon checking of the vehicle it was found that an iron plate was installed over the floor of loading body which was slightly raised and thereby space was created beneath. Upon lifting that iron-sheet, a bed of polythene bags containing poppy straw was found hidden thereunder for which accused persons had no answer. It led to the registration of FIR No.179/2016 and initiation of investigation which culminated in the presentation of instant charge-sheet in due course on 19.08.2016.
Principal Sessions Judge Udhampur Yash Pal Bourney after hearing both the sides observed that both the convicts are young men in forties and are first offenders. They belong to a rural background and have families to maintain at home. It also called be lost sight of that both of them were caught simultaneously with the contraband substance held by them jointly but have been charged differently; one for commercial quantity and other for intermediate quantity simply for the reason that I.O. without any application of mind has taken their utterances a gospel truth. The manner in which they have been found carrying the contraband in commercial quantity is itself reflective of the fact that they were not novice to the trade. So, taking into account the all these facts and circumstances, both the convicts deserve similar treatment. Both of them are therefore, sentenced to undergo rigorous imprisonment of 10 years and a fine of Rs. 2,00,000 (Two lakh rupees only) each. In case of failure to pay the fine they further undergo rigorous imprisonment for two years. JNF