Srinagar: The Court of Special Judge (designated under NDPS Act), Anantnag, Friday sentenced a 25-year-old man from Bijbehara to 10 years’ rigorous imprisonment and a fine of Rs 1 lakh in a case involving the transportation of a commercial quantity of Codeine Phosphate-based cough syrup.
The sentence was pronounced by Special Judge (NDPS), Imran Hussain Wani, in a case arising out of FIR No. 81/2023 registered at Police Station Srigufwara under Section 8 read with Section 22(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985, besides provisions of the Motor Vehicles Act.
The court had earlier, through its judgment dated July 13, 2026, held Bhat guilty of the offence.
The sentencing order was pronounced after hearing arguments from the Special Public Prosecutor and the defence counsel on the quantum of punishment.
According to the prosecution case recorded in the order, Ubaid Amin Bhat of Kanalwan, Bijbehara, was apprehended while allegedly transporting 11 bottles of Codeine Phosphate-based cough syrup, concealed in an apple carton placed on his motorcycle.
The court noted that when he noticed the naka party, he attempted to flee from the spot.
The prosecution argued that the offence involved commercial quantity and therefore attracted the stringent provisions of Section 22(c) of the NDPS Act.
It sought the maximum punishment, stressing the adverse impact of narcotic and psychotropic substances on society, particularly the younger generation.
The defence sought a lenient sentence, submitting that Bhat was a young, unmarried man with no previous criminal history or conviction.
It also cited the period of investigation and trial faced by him, his family circumstances and the possibility of reformation and rehabilitation.
The court observed that sentencing requires a balance between aggravating and mitigating circumstances.
It considered the conscious transportation of commercial quantity and the attempt to evade apprehension as aggravating circumstances. At the same time, it noted that Bhat had no previous criminal antecedents and was not shown to be a habitual offender.
The court further observed that the recovered quantity, although falling within the commercial category, was only marginally above the prescribed threshold.
It also found that none of the exceptional aggravating circumstances contemplated under Section 32B of the NDPS Act—such as use of violence, involvement of minors, commission of the offence near an educational institution or organised criminal activity—had been established.
Balancing the circumstances, the court concluded that the ends of justice would be adequately served by imposing the statutory minimum sentence.
Accordingly, Bhat was sentenced to 10 years’ rigorous imprisonment and a fine of Rs 1 lakh.
In default of payment of the fine, he will undergo an additional six months’ simple imprisonment.
The court ordered that any period already spent in detention during investigation, inquiry or trial be set off against the substantive sentence, subject to verification by the concerned jail authorities.
Bhat, who was produced through video conferencing from District Jail Anantnag, was also informed of his right to appeal against the judgment of conviction and order of sentence.
