Anantnag, May 15: A local court in Anantnag on Thursday sentenced five individuals, including a husband-wife duo and their son, to 10 years of rigorous imprisonment and imposed a fine of Rs 1 lakh each for possessing and trafficking a commercial quantity of contraband.
Special Judge Manzoor Ahmad Khan, designated under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, announced the verdict following the conviction of the accused on May 7.
The convicts were identified as Muhammad Rafiq Bhat, his wife, their son Anayatullah Bhat, and Ajaz Ahmad Bhat all residents of Soaf Shali, Kokernag, and Sajad Ahmad Ganai of Hangalgund, Kokernag.
They were found guilty in case FIR No 63/2022 of Police Station Kokernag under Sections 8/20 (c) read with 29 of the NDPS Act for the illegal possession and trafficking of 5 kg charas, a quantity categorised as commercial under the law.
According to the court, the offence carries a minimum sentence of 10 years, which may extend to 20 years.
During the sentencing arguments on May 10, the court considered both aggravating and mitigating circumstances, including the convicts socio-economic status, clean criminal history, lack of violence, and good conduct in custody.
While striking a balance between aggravating and mitigating circumstances and considering the quantity of contraband recovered and background of the convicts, I am inclined to give them an opportunity for rehabilitation, the judge said in the order.
The court directed that in case of default in payment of the fine, the convicts would undergo an additional one year of rigorous imprisonment.
The sentence was pronounced in open court via video conferencing.
The convicts, currently lodged at District Jail Bhaderwah and Central Jail Srinagar, will continue to serve their sentence in those facilities.
The court also ordered that the period of detention already undergone during the investigation and trial be set off against the total sentence.
Earlier, the defense counsel argued that there were contradictions in the statements of the witnesses and pleaded for the acquittal of the accused.
However, Additional Public Prosecutor (APP) Aarif Ahmad Ramshoo, representing the prosecution, contended that the evidence on record indicated the accused were involved in the possession and transportation of a contraband substance.
