Srinagar: A Sessions Court in the city on Thursday sentenced a man from Bandipora to ten-year imprisonment and fine of Rs one lakh for the commission of offence under Narcotic Drugs and Psychotropic Substances (NDPS) Act.
Gowhar Majid Dalal, the 4th Additional Sessions Judge Srinagar, convicted M Junaid Raina, son Abdul Jabber Raina of Kaloosa Bandipora for offence under section 8/21/NDPS Act. He was accordingly awarded a sentence of 10 year imprisonment and a penalty of Rs one lakh.
The brief summary of the prosecution case is that on June 23, 2020, cops from Police Station Parimpora were on Naka duty near Ansari Crossing, when a car (UP16AY-5846) was coming from Bemina towards Shalteng. The police party indicated the vehicle to stop but the driver tried to run away and hit the road divider as well.
According to the prosecution, the police party stopped him “with great care” and during enquiry the driver disclosed his name M Junaid Raina. The search of the vehicle yielded 10 boxes of Spasmo Proxyvon Plus (a medication often abused by drug addicts)from its trunk (dickey).
Raina failed to explain why he was in possession of the same and was found involved in the drug trafficking.
During the investigation, statements of the witnesses were recorded. Investigation against the accused culminated for the commission of offence u/s 8/21 NDSPS Act. Thereafter the charge-sheet was presented before the court.
Relying on the witnesses and other material, the court said “during the search of the vehicle ten boxes of Spasmo Proxyvon Plus were recovered from the dickey of the above mentioned vehicle and the accused did not provide any justification with regard to the above mentioned recovered illegal drug and one strip of same contraband was also recovered from personal search of accused and to this effect seizure was prepared”.
It observed that the witnesses examined by the prosecution have supported the prosecution story and also corroborated each other’s testimony.
The independent witnesses have not deposed anything which goes against the prosecution story. The FSL expert also deposed in favour of the prosecution. The prosecution has successfully established its case against the accused in light of the evidence brought on record.
It said “on the other hand the grounds raised by the counsel for the accused for his acquittal during the course of arguments have not been proved in light of evidence, nor has he been able to extract anything from the statements of the witnesses during cross-examination of the prosecution witnesses in favour of the accused, which can result in acquittal of the accused.
“There is nothing on the file which would suggest that the accused person has not committed the offence mentioned supra”.
The court said that the prosecution has succeeded in proving the case against the accused beyond any shadow of doubt. Accused failed to rebut the possession by proving his innocence as envisaged U/S 54 NDPS Act. Accordingly he is convicted for the commission of offence under section 8/21 NDPS Act, it ordered.
Accused (now convicted) was earlier released on bail, so he was taken into custody in open court and sent to the Central Jail Srinagar to serve the sentence.
The seized property (contraband) was ordered to be destroyed after the end of the period of appeal. The vehicle used for the commission of offence under the provisions of NDPS Act, was also directed to be confiscated under the law.
