Jail in NDPS Cases by Chandigarh District Court

This post is a news snippet covering two convictions in NDPS cases where punishment of jail was given by the District Courts Chandigarh. Whereas on the same day in yet another case, the person was acquitted in a NDPS case for lack of evidence. NDPS cases are serious criminal offences where guidelines of Punjab Haryana High Court are mandatorily to be followed and non-compliance may lead to acquittal of the accused.

Man gets 3-year jail under drugs case

The term narcotic originally referred medically to any psychoactive compound with sleep-inducing properties, and euphoric properties as well. Legally speaking, the term “narcotic” may be imprecisely defined and typically has negative connotations. a narcotic drug is one that is totally prohibited, such as heroin, or one that is used in violation of governmental regulation.

In the medical community, the term is more precisely defined and generally does not carry the same negative connotations. The main therapeutic use of narcotics is for pain relief, and hence they are often called narcotic analgesics. The best-known narcotics are the opiates—i.e., compounds found in or derived from opium. Opium is obtained as the dried milky juice of the seed pods of the opium poppy.

Also Read- Jail in NDPS Cases Chandigarh Panchkula Mohali (Punjab & Haryana)

Facts

The Chandigarh district court awarded three year imprisonment to a 23-year-old resident of Daddu Majra colony Maloya village, Chandigarh, for carrying 6.8 kg ganja. The convict has been identified as Deepak. The case dates to June 14, 2017, when FIR was registered against Deepak under section 20 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985. The police said on June 14, 2017, some police officials were patrolling in DadduMajra. They had parked their vehicle at the CTU workshop. Around 2pm, they saw a youth coming from Dhanasand was carrying one white plastic bag. On seeing the police, he got nervous and started walking briskly. On suspicion, the police stopped him and found 6.8 kg ganja from his possession. When asked, he did not have permit or licence to carry the same. Following which FIR under section 20 of the NDPS Act was registered against him. On Saturday, the court of additional district and sessions judge Sanjiv Joshi convicted him under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985, and jailed him for three years.

Also Read- No release on bail due Covid-19: High Court Chandigarh

Court acquits 33-year-old Zirakpur resident of drug trade charge

Facts

The Chandigarh district court acquitted one under the NDPS Case. The accused has been identified as Sonu Goyal, 33, a resident of Zirakpur. He was held with 4gram heroin.The matter dates to November 28, 2016, when the accused was booked by the police. It was mentioned that the police officials were present at the Sectors 44 and 45 light point. To keep a check on increasing snatching incidents, the police officials left for patrolling. Around 8.30pm, when the police reached at the Sector 44 roundabout, they saw one person coming from the opposite direction carrying a black polythene bag. On seeing the police, he started walking briskly in the opposite direction. On suspicion, the police stopped him and recovered 4gram heroine from his possession. He, however, could not produce any licence or permit to carry the banned item and was arrested.During the trial, the defence counsel argued that he had been falsely implicated in the case. He also pointed out contradictions in the statements of the police officials and fabricate documents. After the arguments, the court acquitted the accused

Also Read- GRANT OF BAIL IN HEROIN SEIZURE CASE

Concerning laws

Section 20 in The Narcotic Drugs and Psychotropic Substances Act, 1985 reads as follows:

Punishment for contravention in relation to cannabis plant and cannabis.—Whoever, in contravention of any provisions of this Act or any rule or order made or condition of licence granted thereunder,—

(a) cultivates any cannabis plant; or

(b) produces, manufactures, possesses, sells, purchases, transports, imports inter-State, exports inter-State or uses cannabis, shall be punishable— 1[(i) where such contravention relates to clause (a) with rigorous imprisonment for a term which may extend to ten years and shall also be liable to fine which may extend to one lakh rupees; and

(ii) where such contravention relates to sub-clause (b),—

(A) and involves small quantity, with rigorous imprisonment for a term which may extend to six months, or with fine, which may extend to ten thousand rupees, or with both;

(B) and involves quantity lesser than commercial quantity but greater than small quantity, with rigorous imprisonment for a term which may extend to ten years and with fine which may extend to one lakh rupees;

(C) and involves commercial quantity, with rigorous imprisonment for a term which shall not be less than ten years but which may extend to twenty years and shall also be liable to fine which shall not be less than one lakh rupees but which may extend to two lakh rupees: Provided that the court may, for reasons to be recorded in the judgment, impose a fine exceeding two lakh rupees.]

Also Read- QUASHING OF A PO ORDER

Order

As, the respected district judge, Justice Sanjiv Joshi ruled out the imprisonment to the culprit Deepak after four years of trail an imprisonment of three years.

After his imprisonment has finished, he should still be under surveillance if he is again involved in ganja distribution or not. Not only him every criminal which is caught should be under surveillance to vanish this evil form our society.

Also Read- Punjab Haryana High Court Order in False NDPS Cases

Punjab has the highest number of drug cases which is followed by Goa and then Haryana, which is undoubtedly the area of high concern. The question here arises to the government of these two closely situated state that why are they not been able to control the drug abuse which taking lives of thousands of innocents. Well, the answer to this could be they themselves are involved in the drug trafficking. Strictest possible actions should be taken against the one’s spreading this menance. Kids at early age should be told about all the cons related to drugs.

Also Read- Default Bail in NDPS Punjab & Haryana

For case specific advice, please contact NDPS Lawyers Advocates in Trial Courts of Chandigarh Panchkula Mohali Kharar Zirakpur Derabassi Mullanpur Baltana etc.

More on 99888-17966.