Srinagar court sentences 2 drug traffickers to 10 years of rigorous imprisonment

Srinagar, Oct 14: A court here on Tuesday sentenced two drug traffickers to 10 years' jail and imposed over Rs four lakh as fine on them following their conviction in a case involving the illegal trade of psychotropic substances in 2021.

Special Judge NDPS Cases, Srinagar, Vinod Kumar, on September 29, had convicted Mudasir Sultan Bhat, alias Majid, and Feroz Ahmad Khan, alias Jaja, residents of Bemina, Srinagar, under Sections 8/22 and 29 of the NDPS Act.

The court had found Mudasir also guilty under Sections 468, 471(forgery), and 420 of the Indian Penal Code (IPC) for orchestrating and facilitating the transport of psychotropic substances under the guise of legitimate pharmaceutical trade.

In its decision on the quantum of punishment today, the court sentenced the duo for ten years of rigorous imprisonment under Section 22 related to commercial quantity of the NDPS Act and imposed on each of them a fine of Rs 1,00,000 (minimum prescribed under Section 22(c) of the Act. In default of payment of fine, each convict would have to undergo further rigorous imprisonment for one year, according to the court’s order.

Under Section 29 (abetment and conspiracy) of the NDPS Act, the court sentenced the duo to undergo rigorous imprisonment for ten years and imposed on each a fine of Rs 1,00,000. In default of payment of fine, the court ordered for their further rigorous imprisonment for one year.

The court also sentenced Mudasir to simple imprisonment for 3 years and imposed on him a fine of Rs 5,000 under Section 420(cheating) of the IPC. In default of payment fine he would undergo “rigorous” imprisonment for three months.

Moreover, he has also been sentenced to undergo simple imprisonment for three years and a fine of Rs. 5,000. In default of payment of fine, the court ordered him to undergo further rigorous imprisonment for three months. Similarly, under Section 471 (using forged documents) of IPC, the court awarded simple imprisonment of one year and a fine of Rs 5,000. In default of payment of fine, the court ordered further rigorous imprisonment for 3 months.

However, all sentences imposed on both accused shall run concurrently, ensuring that the total period of imprisonment does not exceed the longest individual sentence (10 years), the court said.

It added: “The fines, however, are cumulative, and default imprisonment shall be served consecutively if fines are unpaid”. The court also said that the period spent by the convicts in custody has been set off against the sentence of imprisonment.

The directions followed the arguments by Special Public Prosecutor Shafqat Murtaza, Counsel for the accused M A Pandit, and the two accused through VC from Central Jail Srinagar.

The prosecution’s case was that the Anti-Narcotics Task Force (ANTF) Kashmir, on April 20, 2021, received credible information about a truck bearing number JK08A-7628 being used to transport a consignment of illicit psychotropic substances. The information to ANTF revealed that the vehicle was operating allegedly on the instructions of the drug dealer, Mudasir alias Majid.

The information also suggested that the consignment would be unloaded at the Transport Company near the Chanapora bypass bridge in Srinagar, according to the prosecution.

Police station Crime Branch Kashmir subsequently registered a case (FIR no 19/2021) under section 8/22 of the NDPS Act which was followed by investigation. During the investigation, a wireless message was flashed to District Magistrate Srinagar requesting him to depute an executive magistrate near Chanapora bridge.

“The employees of the transport company were found unloading the consignment from the truck, and were asked to produce the necessary documents about the same,” the prosecution said. As per the documents, a consignment was found loaded in the truck.

The employees of the transport company were directed to unload the consignments except 51 boxes of medicines, which were found loaded in the truck. “On perusal of the consignment of 51 boxes, it was found that said consignment contains 50 boxes of Z-rex syrup and 1 box of Zen-Cavit capsules and was supposed to be handed over to a business concern”, the prosecution said.

Subsequently, 50 boxes of Z-rex syrup 100ml (codeine phosphate 10mg per 5ml, chlorpheniramine maleate 4mg per 5ml), in all 7500 bottles, and 1 box of Zen-Cavit capsules, i.e., 960 strips (9600 capsules) were recovered in the presence of the Executive Magistrate.

In connection with the case, two other persons, Waseem Ahmad Lone and Faizan Ahmad Makaya, residents of Bemina, are yet to be arrested in the case and are facing proceedings under 512CrPC. The two accused persons, along with the convicted, were receiving illicit psychotropic substances and distributing them among the youth.

Mudasir was arrested on August 6, 2021, after he failed to provide satisfactory documentation for the illicit consignments, while Feroz was arrested on January 10, 2022. He was recently released on bail.

The court ordered him to be taken into custody while announcing the conviction against him.