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Chandigarh: Man held with heroin awarded 10-year rigorous imprisonment
Chandigarh court ruled that the prosecution proved that the accused was present on the spot on the day of the arrest with the heroin and convicted him under Section 21 of the NDPS Act. He was arrested with 111 grams of heroin on September 4, 2021. The court awarded 10-year rigorous imprisonment to him
A local court has sentenced Harpal Singh alias Raju (61) of Sector 52 to 10 years of rigorous imprisonment and imposed a fine of ₹50,000 on him after convicting him in a Narcotic Drugs and Psychotropic Substances (NDPS) case. Singh was arrested with 111 grams of heroin on September 4, 2021. He was arrested near the Sector 7/26 dividing road. A case was registered under the NDPS Act. The accused claimed he was falsely implicated and opted for trial.
The prosecution examined 10 witnesses to prove his guilt while the defence also examined five witnesses and argued that the accused was present at his house at the time of the arrest and was picked up from his house. They also argued that no drug detection kit was present with the patrolling party and they had disclosed that the contraband is heroin just by smelling it.
The court, meanwhile, ruled that the prosecution proved that the accused was present on the spot on the day of the arrest with the heroin and convicted him under Section 21 of the NDPS Act.
During the quantum of sentence, the accused pleaded for leniency and said he had already been arrested in a NDPS case in 2008 and had spent 10 years in imprisonment. The prosecution argued that the convict should be dealt with sternly and the accused had already been arrested for carrying a commercial quantity of drugs but hasn’t mended his ways.
The court of additional sessions judge Jaibir Singh held that showing leniency towards such type of convicts may send the wrong kind of signals in society and sentenced him.
The court also quoted the Supreme Court’s judgment from State of Kerala and others versus Rajesh and others in 2020 wherein the apex court had held, “It should be borne in mind that in a murder case, the accused commits murder of one or two persons, while those persons who are dealing in narcotic drugs are instrumental in causing death or inflicting death-blow to a number of innocent young victims, who are vulnerable. It causes deleterious effects and a deadly impact on society; they are a hazard to society; even if they are released temporarily, in all probability, the (sic) would continue their nefarious activities of trafficking and/or dealing in intoxicants clandestinely. Reasons may be large stake and illegal profit involved,”
Man convicted for carrying charas
A local court also convicted Ram Kumar alias Sunny of Sector 21-D after he was arrested with 1.05 kg of charas near the Sector 21 C/D park on July 17, 2021. A case under Section 20 of the NDPS Act had been registered at the Sector 19 police station. The accused had claimed he was falsely implicated while the prosecution had examined 10 witnesses. The court observed that it was proved to the hilt that the accused was arrested with charas and convicted him. The quantum of sentence will now be pronounced on Friday.
